The Sindh High Court (SHC) has dismissed the bail application of a man in a child molestation case.
The applicant, Ghazi Khan, was arrested for allegedly molesting a child along with other co-accused in the Malir area on May 6, 2024.
A counsel for the applicant submitted that the complainant of the case had raised no objection to the bail before both the trial court and the high court. He submitted that the complainant’s lack of opposition weakened the prosecution’s case and supported the applicant’s release on bail.
An additional prosecutor general submitted that prima facie, the case was clearly established against the applicant and opposed the bail on ground that the accused had been explicitly nominated in the FIR with a specific role of committing unnatural offence against the victim.
He submitted that the complainant was not empowered to raise no-objection on behalf of the minor victim, nor the offence was compoundable.
A single bench of the high court headed by Justice Jan Ali Junejo after hearing the arguments of the counsel observed that the complainant and victim had appeared before the court and submitted their affidavits of no objection, stating that they had no objection to bail being granted. The court, however, observed that the filing of such an affidavit held no legal validity, as the offence in question was non-compoundable.
The SHC observed that the victim, in his statement recorded under the Section 161 of the Code of Criminal Procedure, affirmed the contents of the FIR, which were further substantiated by the medical report.
The bench observed that the medical examination of the accused also confirmed that he was physically capable of committing the act. The court observed that allegations against the accused were grave, heinous, and brutal, with significant social and psychological ramifications.
The SHC observed that prima facie, evidence on record strongly implicated the accused, bringing the case within the prohibitory clause.
The high court observed that the applicant had not demonstrated any personal enmity with the complainant/victim, and no mala fide intent on the part of the prosecution had been established.
The bench observed that it stood prima facie established that the applicant was directly involved in the commission of the offence, and as such, he did not merit the concession of bail.
The SHC dismissed the bail application but observed that the observations made in the order were confined solely to the adjudication of the bail application and shall not prejudice the rights of either party at the trial stage.
Published in News Daily on 10-March-2025.
