Hasnan Khan Vs The State

IN THE PESHAWAR HIGH COURT,

BANNU BENCH

(Judicial Departmenl)

Cr.Misc:BA No.408-B of 2023 With Cr.Misc.No.33-B of 2023

Hasnan Khan Vs Thc Statc ctc

ORDER

I)atc ofhcaring 05.09.2023

For petitioncr: M/s Salah-ud-Din Khan Marwat and 7,afar llllah Khan, Advocatcs

|or rcspondcnt: Mr. Faqir Mehboob-ul- I lamccd Advocatc

I;or Statc: Mr. Ilabib Ljllah Khan, Asstt. A.G.

FAZAL SUB J.- 'l'hc applicant-petitioner through Criminal Misc. Application No.33-ll/2023 at thc outsct sought for addition olseclion 53 ofthe Khybcr Pakhlunkhwa Child Protcction and Welfare Act, 2010 (AcQ in the main petition lor the rcason that it was added by thc prosecution at a latcr stage.

Counscl for complainant has no objcction to this applicalion, hcncc, thc samc is allowcd. Officc is dircctcd 1o makc thc ncccssary corrcction.

2.'l'hrough instant pctition, the petitioncr I lasnan Khan, chargcd and arrestcd in connection wilh case IrlR No.340 datcd 06.08.2023 registered undcr scctions 506 PPC rcad with 48 I 53 of the Act at Policc Station Lakki City, DistricL l,akki Marwat, is sccking his post arrest bail.

3.Iiacts, as divulgcd in thc IrlR, are that complainant Muhammad T.ohaib lodgcd a report to thc clfcct that on the cvcntful night, hc alongwith his cousin Muhammad Jamal were prcsent in front of thcir housc and wcrc having convcrsation, when at aboul 22:30 hours, thc pctitioncr-accuscd I Iasnan Khan camc on a motorcyclc, duly armed with a Kalashnikov, and asked him to accompany him on his motorcyclc which hc rcfuscd, hcnce, hc alighted l'rom thc motorcyclc and aimed his Kalashnikov at him. Hc alongwith his cousin attcmpled to catch hold of thc pclitioncr-accuscd, howcver, hc resorted to acrial firing to criminally intimidate them and thcn flcd away from thc spot leaving his motorcycle.

Motivc alleged in the report is that thc accused was compclling thc complainant and his cousin for illicit relations.

4.Argumcnts of lcamcd counsel for the pctitioncr and leamed counscl for complainant assisted by learned A.A.G for the State heard and record pcrused.

5.Irrom thc rccord it is clear that pctitioner is dircctly nominated in thc IrlR, lodged within 30 minutcs of the occurrencc, hcncc, it cxcludes the possibility of deliberation and consultation. Afler rcgistration of casc, thc Invcstigating Officcr (lO) visited thc spot and prepared site plan and took into posscssion thc motorcyclc abandoncd by the pclilioncr aftcr the occurrcncc. Ilcsidcs thc complainant, the incidcnt is witncssed by Muhammad Jamal and a bulb lit at thc site was also takcn into possession, hence, there is sufficient matcrial on rccord to prima lacic support the prosecution version. Besides, another FIR No.221 datcd 13.06.2023 was earlier rcgistcrcd for similar chargcs against thc pctitioncr, howcvcr,, as pcr lcamcd counscl for complainant, it was subsequently compromiscd. 'l'his shows thc immoral and disreputablc charactcr ol thc pctitioner which inclined him to havc illicit sexual rclationship with thc complainant

6.'l'hc pctitioncr, bcsidcs bcing chargcd for criminal intimidation, is also charged for offence undcr scction 53 of thc Act, which rcads as Ibllowing:

"53. Scxual abuse.---Whocver commits an offcncc of scxual abusc shall be punishcd wilh imprisonment lor a tcrm which may extend to fourte cn years and shall not be less than seven ycars and shall also bc liablc to finc which shall not be less than 1cn hundred thousand rupces."

7.Scxual abusc has been defincd in section 2(y) of thc Act which mcan, "cmploying, using, forcing, pcrsuading, inducing, cnticing, or coercing any child to cngagc in' or assisting any othcr person to engage ln tondling, stroking, caressing, exhibitionism, voycurism or any obscene or scxually explicit conduct or stimulation of such conduct either indcpcndcntly or in conjunclion with other acts, with or without his conscnt".

8.|rom thc allegations in thc rcport lodged by thc complainant, i1 is clcar that thc pclitioner is Ibrcing, pcrsuading, cnticing and cocrcing the complainant for fondling and carcssing for sexual implicit conduct which is covcrcd by section 53 of thc Act, punishablc to imprisonmcnt for life, hence,

it lalls within thc prohibitory clausc of scction 497 Cr.PC. 'l'he oflcnce is one of moral turpitude and it aflects thc society as a whole, hencc, pctitioner does not dcscrve to be released on bail. Rcsultantly, this pclilion stands dismissed

Announced

(Ghafoor Zaman)

Dale o writin o o r:

6 of Scptcmbcr, 2023

JUDG E

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(( '.'..',.jli)

ii;iffi

(S.B) IIon'blc Mr. Justicc J'azal Subhan