PESHAWAR: Peshawar High Court has granted bail to a suspect arrested on charges of sexually assaulting his daughter-in-law in Shangla district last month.

A single-member bench of Justice Shahid Khan accepted bail petition filed by the suspect, Nazar Din, on condition of furnishing two surety bonds of Rs100,000 each.

The alleged victim, who is also complainant in the FIR registered against the petitioner, turned up in the court confirming that a compromise had taken place between the parties and she had no objection if the petitioner was set free on bail.

The bench observed: “The record so furnished would transpire that though Section 376 (rape) of Pakistan Penal Code is non-compoundable, however, when other grounds available to the accused, prima facie makes his case one of further inquiry, then even a compromise alone can be considered for the grant of bail.”

‘Victim’ raises no objection to plea of suspect

The bench referred to an earlier judgement of Supreme Court wherein it was held “if the complainant party is no longer willing to prosecute a matter any further, then it is not for this court or the courts subordinate to compel the party to do so, as the saying goes, you can take the horse till the water, but you cannot make him drink.”

Advocate Fatehyab Ali appeared for the petitioner and said that parties had patched up the matter and the complainant had no objection over the release of the petitioner on bail. He added that the evidence on record also didn’t connect the petitioner with the commission of the offence.

The victim, aged around 19, approached Karora police station along with her father on June 28, 2024, and lodged a complaint against her father-in-law (petitioner). She said that she was married to her cousin around two years ago and they were issueless. She stated that five months ago her husband went to Dara Adamkhel as he was a labourer in a coal mine there.

The complainant said that at night time on June 17, her brother-in-law and his wife went to their room and she went out to bring water from nearby water tank. She alleged that her father-in-law forcibly took her to his room and assaulted her while also threatening her to remain silent otherwise she would be killed.

The complainant said when her husband returned home she informed him about the occurrence. She claimed that the first wife of the petitioner had died after which he had contracted second marriage and on the day of occurrence his wife had gone to her parents’ home.

Subsequently, the victim was also divorced by her husband.

Earlier, Shangla district and sessions judge Nasrullah Khan Gandapur had rejected bail plea of the petitioner on July 13. The sessions judge had observed that the alleged compromise in the case of non-compoundable offences by itself did not entitle the petitioner to bail.

Moreover, the judge had ruled that the offence of rape, for which the petitioner was charged, attracted the prohibition contained in Section 497(1) of Code of Criminal Procedure.

The judge had also observed that there was no ill-will or animosity on part of the complainant to charge her own father-in-law for such a heinous offence.

Published in Dawn, July 29th, 2024