PESHAWAR, Aug 7: The Peshawar High Court (PHC) has recalled the bail granted by a Qazi court of district Buner to a person accused of sexually abusing his daughter.
The accused, Shamin Khan, who was present in the court room was forthwith arrested.
A single bench of the court comprising Justice Dost Mohammad Khan observed that the accused had acted like a wild and crossed all limits prescribed by laws.
"The crime is of such a nature that one fails to express his shock and disapproval in words," the court observed. It was added that the Zila Qazi (sessions judge) acted without lawful authority by granting bail to the accused and he violated settled principle of law and justice.
In such situations the refusal of bail was a routine and granting of bail was in exceptional cases, the court ruled.
An FIR was registered against the accused, Shamin Khan, at police station Daggar (Buner) on June 20, 2001, by his daughter. She claimed that she was having strained relations with her husband due to which she went to the residence of her parents.
The complainant alleged that on the night of occurrence her father entered her room and sexually abused her.
The same accused was also charged in an another FIR registered in May 1994, in which his daughter-in-law had charged him of trying to assault her.
Zila Qazi Riaz Khattak had granted him bail about two years ago on the ground that the medical examination report of the complainant had not arrived.
The state had filed application for cancellation of his bail. Additional Advocate-General Pir Liaqat contended before the PHC bench that the crime was of a severe nature and he could not read the FIR of the case. He requested the bench to go through the FIR.
He further stated that earlier another FIR was registered against the accused by his daughter-in-law.
The bench observed that admittedly the complainant had taken refugee in her father's house and she was at the mercy of her father. It was observed that there was no reason for the complainant to level false charge against her father, who was last shelter of her life and only hope to stay with.
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