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Lahore High Court Denies Bail to Accused in Child Sexual Abuse Case

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Lahore High Court Denies Bail to Accused in Child Sexual Abuse Case

Islamabad, 18-11-2024: In a significant judgment, the Lahore High Court dismissed a post-arrest bail plea filed by an accused charged under Sections 376(iii) and 511 of the Pakistan Penal Code (PPC) for attempting sodomy on a 13-year-old minor. The Court clarified the broader scope of child protection laws, particularly Sections 377A and 377B PPC, introduced through the Criminal Law (Second Amendment), Act 2016.

The Petitioner, Waseem, was accused of attempting sodomy on the complainant’s minor son. The FIR, registered at Noor Kot Police Station, District Narowal, alleged that the petitioner tried to commit the offense, but the victim was rescued after raising an uproar. The petitioner sought bail on the grounds of lack of medical evidence, arguing that it was merely an attempt.

Mr. Justice Shakil Ahmad emphasized that Sections 377A and 377B PPC were specifically introduced to address sexual abuse involving minors. Unlike rape or sodomy, sexual abuse under Section 377A includes acts such as fondling, exhibitionism, and other obscene conduct, whether or not the act is consummated.

The Court noted that sexual abuse, as defined under Section 377A, covers a wide range of inappropriate acts with minors under 18 years and entails stringent punishments under Section 377B, with imprisonment of 14 to 20 years and a fine of no less than one million rupees.

The minor’s statements recorded under Sections 161 and 164 Cr.P.C. directly implicated the petitioner, providing sufficient grounds for denying bail under the prohibitory clause of Section 497(1) Cr.P.C.

The Court referenced Mubeen Ahmed Vs. The State (PLD 2021 Islamabad 431), which elaborated on the intent behind Sections 377A and 377B PPC, aligning them with Pakistan’s obligations under the United Nations Convention on the Rights of the Child.

Mr. Justice Shakil Ahmad expressed concern over the frequent misapplication of outdated provisions like Sections 377 or 376 read with Section 511 PPC in cases of attempted sexual abuse of minors. He directed the Inspector General of Police, Punjab, to ensure proper invocation of Sections 377A and 377B PPC in such cases.

The petition for bail was dismissed, with the Court directing the trial Court to expedite proceedings and decide the case within three months. Mr. Justice Shakil Ahmad reaffirmed that allegations of sexual abuse of minors must be addressed under the relevant child protection laws to ensure justice.

This judgment underscores the importance of accurately applying child protection laws and highlights the judiciary’s victim-centric approach in cases involving minors. It also serves as a reminder of Pakistan’s commitment to safeguarding children from all forms of sexual exploitation and abuse.