SHC orders IGP to provide protection to sexual abuse victim, her mother
KARACHI: The Sindh High Court has dismissed the pre-arrest bail application of a man for allegedly abusing his underage daughter.
A single-judge bench headed by Justice Omar Sial directed the inspector general of police to ensure safety of the victim and her mother till the conclusion of the trial.
It also asked the Panah shelter home to reach out to the girl and her mother and assist them, if required, particularly in the provision of temporary shelter and trauma treatment of the victim.
The bench also ordered transfer of the case from a sessions court to a juvenile court in Malir and asked the trial court to ensure protection of the privacy of the victim and noted that the offences in question may applicability of the Anti-Rape (Investigation and Trial) Act, 2021 and trial court judge must remain aware of such provisions.
Dismisses pre-arrest bail plea of suspect
The applicant moved SHC seeking pre-arrest bail after a sessions court had dismissed his identical application in August last year.
He submitted that he was serving in Pakistan Air Force as a senior technician and a board of inquiry was constituted and after conducting a probe it found him innocent.
The applicant had lodged an FIR stating that they had two daughters and as many sons. She alleged that her spouse abused their elder daughter and attempted to rape her.
The bench in its order noted that apparently a brave lady has come for the sake of her 15-year-old daughter and reported that her husband had been molesting and sexually abusing her since she was 11 years old and when he attempted to rape her she broke her silence and informed her mother.
The bench noted that it was a misconceived argument and appeared to be a misrepresentation made by the counsel that the board of inquiry set up by the PAF to look into the conduct of the applicant gave him a clean chit. It said the findings were on record and did not reflect any such conclusion.
It further said that the trial court must ensure protection of the privacy of the girl and not at any stage have her exposed directly to the applicant and also make sure that no inappropriate question was asked by any counsel from her.
Published in Dawn, April 19th, 2023