PESHAWAR: Peshawar High Court has upheld conviction of a juvenile offender serving 14-year prison term for sexually abusing a minor girl of six, but ordered to release him on probation for the remaining period of imprisonment.
A single-member bench of Justice Sabitullah Khan ruled: “Although the offence is non-compoundable, yet good relations have been restored between the two families and the appellant, according to the available record, is a first time offender and by now being of tender age of about 17 years, so there is apprehension that his character may deteriorate if he remains behind bars serving a ling sentence with hardened criminals.”
“In this view of the matter, instead of retaining him in jail to serve the sentence, it would be more appropriate to release him on probation u/s 15(c) read with clause (a) of Juvenile Justice System Act, 2018, for the remaining period of imprisonment,” the bench ruled while partially allowing the appeal of convict.
The appellant was convicted by a juvenile court in Dargai, Malakand, on Nov 19, 2025, and was sentenced under section 377-B (punishment for sexual abuse) of Pakistan Penal Code (PPC) to 14 years simple imprisonment with a fine of Rs1 million.
Bench orders release of convict on probation
Although, the appellant was charged in the FIR under section 376 (punishment for rape) of PPC, yet the trial court, in the light of medico-legal report and statement of relevant doctor, ruled that the case of rape didn’t come out rather the case of sexual abuse was fully established by the prosecution.
A compromise also took place between complainant and appellant families after which father of the victim submitted an affidavit wherein he stated that due to the intervention of local elders and relationship with the family of accused, they had pardoned the convict in the name of Allah Almighty. He stated that he had no objection if he was acquitted of the charge on the basis of compromise.
The bench directed that the appellant should be released on probation for the remaining period of his imprisonment subject to furnishing bail bond through his father/guardian to the tune of Rs500,000 mentioning that he should not commit any offence and should maintain good conduct during that period.
“Any violation of the conditions of the bond may result in cancellation of the probation order on the report of probation officer,” the bench ordered. It added that the appellant should report visit the relevant probation officer once in six months and the probation officer should submit reports before the trial court.
The complainant in the instant case was father of the victim who approached Qalangi police station in Malakand district on Jan 24, 2022, stating that for the last two days his minor daughter had not been feeling well despite medical treatment.
He stated that his wife told him that two days ago the child was going to a nearby home to get religious education in the morning, but on her way the appellant caught hold of her, took her to nearby bushes and sexually assaulted her. He said that his wife had remained silent for two days because of family honour.
The appellant was over 14 years of age at the time of occurrence.
Published in Dawn, February 2nd, 2026