PHC declines bail to accused in sexual assault case – Pakistan
PESHAWAR: The Peshawar Excessive Courtroom has rejected bail plea of an accused arrested on expenses of sexually assaulting a feminine relative at gun level in Swat round two months in the past.
A single-member bench consisting of Justice Mohammad Ijaz Khan noticed that the accused/petitioner, Mohammad Imran, had instantly been charged by the complainant.
The bench noticed that the complainant occurred to be aunt (his paternal uncle’s spouse) and thus the potential for false implication in such like instances was a distant chance, particularly when the accused and the criticism had been shut kinfolk.
The bench dominated that part 376 (rape) of the Pakistan Penal Code, below which the accused was charged carried a most punishment of dying or life imprisonment, due to this fact, the identical fell throughout the prohibitory clause of part 497 of the Code of Prison Process and thus he was not entitled to the concession of bail.
The bench ordered that as challan (cost sheet) had been put in court docket, due to this fact, the trial court docket ought to conclude the trial inside a interval of 4 months.
The FIR was registered at Matta Police Station on Dec 23, 2022, below completely different provisions of the PPC and Arms Act.
The complainant had acknowledged that she was married to the uncle of the accused on July 10, 2021, and her husband had gone to Qatar after two months of the wedding for labour work.
She claimed that on the evening of Oct 24, 2022, the accused knocked at her residence and when she opened the door the accused aimed a pistol at her and sexually assaulted her. She mentioned that she had knowledgeable her mother-in-law and a sister-in-law in regards to the incident however as that they had no male relations at house, they remained silent.
Nevertheless, she alleged that a number of days later the accused threatened her that she can be once more subjected sexual assault, after which she knowledgeable her husband on cellphone.
The complainant acknowledged that she had remained silent due to her honour, however now because the accused had been threatening her, she had approached the police. She claimed that her life had change into depressing and he or she was even considering of committing suicide.
The petitioner’s counsel acknowledged that his shopper was falsely implicated within the case and there was no eyewitness of the prevalence. He contended that the FIR was registered after round two months, which made the prosecution case uncertain.
Assistant advocate basic, Sohail Sultan, and complainant’s counsel Hamza Nawab contended that delay in reporting such offences was pure and girl usually couldn’t inform the scenario forthwith attributable to honour and respect and even attributable to concern.
Earlier, the bail petition of the accused was additionally rejected by an extra district and periods choose in Swat on Feb 9.
The choose had dominated that the allegations being extraordinarily brutal, degrading and inhuman in nature, tending to tear aside the very material of society, required extra cautious dispensation.
Printed in Daybreak, February twenty seventh, 2023