PESHAWAR: Peshawar High Court has granted ball to a suspect arrested on charges of sexually assaulting a woman in Dir Lower district around three months ago, as the alleged victim has entered into compromise with him.
A single-member bench of Justice Shahid Khan directed the suspect, Mohammad Sher, to submit two sureties of Rs100,000 each.
The bench observed though offence under section 376 (rape) of Pakistan Penal Code was non-compoundable, yet when other grounds were available to the accused, prima facie making his case of further inquiry, then even a compromise alone could be considered for the grant of ball.
The counsel appearing for the petitioner contended that the parties had patched up the matter.His stance was supported by the victim, present in the courtroom, and stated that she patched up the matter with the petitioner on the basis of a compromise and pardoned him in the name of Allah Almighty.
She said that she had no objection if he was released on bail. In her statement, she said that the issue was resolved through theefforts oflocalelders.
The FIR of the occurrence was registered at Asbanrh police station on July 10, 2023, under section 376 of PPC on complaint of the victim. She claime d that 20/21 days before registration of the case at evening time she had gone out of her house for fixing plastic water pipe for the purpose of restoring water supply to her house.
She alleged that in the meantime, the petitioner came there and sexually assaulted her and being a female she couldnot resist. She claimed that she remained silent for few days as she was afraid of her family and keeping her modesty.
An additional session judge in Chakdara, Dir Lower, had on September 25 rejected bail plea of the petitioner. The court had observed that it was evident from the medico-legal report that the offence had been committed, therefore, at that stage the compromise between the parties could not be considered for acceptance of the bail plea of the accused.
Meanwhile, the bench also granted bail to another suspect charged with sexually assaulting his sister-in-law.
The petitioner Gul Mohammad was charged in an FIR registered at Khursheed Khan Shaheed (Khwazakhela) police station in Swat on July 7, 2023.
The victim had told police that the petitioner was her brother-in-law (sister`s hus-band) and had taken her to her sister`s house. She alleged that the petitioner gave some tranquilisers to her sister after which he assaulted her at gunpoint. She claimed that the petitioner threatened her that she would be killed if she told anyone about the occurrence.
The bench observed that a bare 1001< at the record would divulge that through the petitioner was charged by the complainant for commission of the offence, yet the medical evidence in the form of report of the victim was not in line with her version of the occurrence.
The bench observed that wife of the petitioner, who was real sister of the complainant, while recording her statement under section 164 of Code of Criminal Procedure, disputed the allegations against her husband by her sister. Bureau Report