PESHAWAR: Peshawar High Court has granted bail to two juvenile suspects arrested on charges of sexually assaulting a minor boy and making his objectionable video viral on social media.

A single-member bench consisting of Justice Mohammad Ijaz Khan accepted two separate petitions of the suspects on condition of furnishing two surety bonds of Rs80,000 each by them.

The bench observed that both the petitioners were below 16 years of age as per record of Nadra (National Database and Registration Authority).

The bench observed that on the date of occurrence on Feb 17, 2025, both were under 16 years of age whereas under section 6(3) of the Juvenile Justice System Act, they were to be considered as the accused of commission of a bailable offence.

More so, the bench observed it was informed that one of the petitioners was a regular student of 9th grade, whereas the other one was that of 8th grade.

Advocate Shaibar Khan appeared for the petitioners and stated that being juveniles, the benefit of section 6(3) of the Juvenile Justice System Act may be extended to the petitioners.

The FIR of the occurrence was registered at Alpuri police station in Shangla district on Feb 17, 2025, under section 376 (punishment for rape) of Pakistan Penal Code and section 48 (child pornography) and 53 (child sexual abuse) of Khyber Pakhtunkhwa Child Protection and Welfare Act.

The SHO of the said police station claimed that during patrolling duty he came to know through the social media that an objectionable video had gone viral and for verification he proceeded to the said area.

He stated that the complainant/alleged victim, who was around 11-12 years of age, informed him that both the suspects had sexually assaulted him around two months ago and one of them had also recorded a video of the occurrence through his mobile phone.

The complainant had claimed that the suspects had threatened him of dire consequences if he disclosed the occurrence to anyone.

Meanwhile, the bench also granted bail to a couple arrested on charges of killing a person who had objectionable photos of the woman in his phone.

Advocate Rahimullah appeared for the couple/petitioners and stated that body of an unknown person was recovered by the local police on Dec 15, 2024, in the jurisdiction of Shah Dehri police station in Swat.

He said later on the body was identified as that of one Amjid Ali and subsequently his brothers charged the present petitioners for the offence.

He argued that in their statements they had not disclosed any source regarding involvement of the petitioners in the murder of their brother.

He contended that the female petitioner was having pregnancy of an advanced stage and delivery of the bay was expected at any stage. He added the petitioners were entitled to the concession of bail under section 497 of the Code of Criminal Procedure.

Earlier, bail petition of the couple was turned down by an additional sessions judge in Kabal, Swat, on Feb 28, 2025. The judge had observed that they were charged for an offence carrying death sentence and thus they were not entitled to bail.

Published in Dawn, April 7th, 2025

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