Bail Denied To Man Held For Molesting Minor With Disability

1 min read

The Sindh High Court (SHC) has dismissed the bail application of a man in a sexual assault case. Applicant Mohammad Maroof had been arrested by the Tipu Sultan police for allegedly molesting an underage girl with a mental disability.

According to the prosecution, the applicant who had a toy shop took the 11-year-old girl to his house, and molested her and attempted to rape her. The applicant’s counsel said his client is innocent, and has been falsely implicated in this case due to enmity, adding that no such incident had taken place.

He said that the victim’s statement has not been recorded under Section 164 of the Criminal Procedure Code (CrPC), while the FIR has been lodged with an unexplained delay of three days.

He also said the complainant has no objection if the court grants bail to the applicant, adding that the fact has been endorsed by the complainant’s counsel.

However, the additional prosecutor general opposed granting the applicant bail on the grounds that the offence is non-compoundable, so the complainant’s no objection cannot justify granting the applicant bail. After hearing the counsel’s arguments, and perusing the record, a single SHC bench headed by Justice Zulfiqar Ahmed Khan said the case record shows that the complainant, in his statement recorded under Section 154 of the CrPC, has directly nominated the applicant in this case.

The court said that not only has the applicant/accused been named in the case but his specific role has also been comprehensively described, adding that the three-day delay does not entitle the applicant to bail in a case where the victim is a minor with a disability.

The bench said that as regards the complainant not having an objection, it is a well-settled principle in criminal law that such affidavits have no legal weight in non-compoundable offences, as these offences are considered crimes against society as a whole and cannot be resolved through private settlement.

The court said that the mere fact that the victim has not been examined does not appear to be a worthy consideration on the grounds of which bail should be granted. The bench said that reasonable grounds exist that tentatively connect the applicant with the commission of the offence.

The SHC dismissed the bail application, saying that the observations recorded in the order are purely tentative in nature and should in no way prejudice the independent mind of the trial court during the course of the trial.

Published in News Daily on 03-March-2025.

Previous Story

Woman Sues ‘Rapist’ For Child Support

Next Story

Girl Raped, Murdered In Layyah

Latest from Blog

Preventable Deaths

THE deaths of 144 children from measles and diphtheria in Karachi during the first seven months of the year expose a grave failure of routine immunisation. That failure is evident in the large number of children who receive their earliest vaccines but are never brought back for the doses needed…

Climate & Lactation

EVERY year in August, Breastfeeding Week arrives with the same kind of messaging all over the media: ‘breastfeeding is best’. That is where the conversation begins and ends. This year, the World Alliance for Breastfeeding Action, alongside Unicef and the WHO, has deliberately questioned the math behind it all, instead…

30 Percent Matric Students Fail Peshawar Board Exam

PESHAWAR: The Board of Intermediate and Secondary Education (BISE) Peshawar on August 4 declared the results of the annual Secondary School Certificate (SSC) examinations, with around 30 per cent of 10th-grade students and nearly 60 per cent of 9th-grade students remaining unsuccessful. According to the exam result gazette issued by…

Protect the Children

Last Sunday at around 11pm, I went to a restaurant about two miles from my home with my wife and children for dinner. As we sat waiting for our meal, two little girls, who appeared to be between 10 and 12 years old, approached our table carrying crunchy Papadom. They…
Go toTop