Sexual abuse and its attempt --- Distinction --- Compromise between parties --- Allegation against the petitioner was that he sexually abused minor son of the complainant in his shop -

 2023 MLD 2082

Sexual abuse and its attempt --- Distinction --- Compromise between parties --- Allegation against the petitioner was that he sexually abused minor son of the complainant in his shop --- Validity --- Record revealed that no medical examination of the minor boy was conducted during the course of investigation as the allegation was only to the extent of mere attempt --- Language used in the definition of sexual abuse under S. 377-A , P.P.C. , covered all kinds of acts , including but not limited to , fondling , stroking , caressing , exhibitionism , or any obscene or sexually explicit conduct or simulation of such conduct with the victim who was less than eighteen years of age , however , it provided the sentence of 20 years , which could not be awarded for a period of less than 14 years and fine --- Said aspect , at one side , gave wide discretion Trial Court to consider the allegation in the light of available evidence and to decide the case whereas , from another angle , such sentence was not proportionate to the case in which any act less than attempt was prima facie visible , which could only be verified after recording of evidence in trial --- Even the investigation report disclosed allegation of kissing the minor child by the petitioner , therefore , when exact language of definition of offence of sexual abuse was placed in juxtaposition , ground of further inquiry in terms of sub-clause 2 of S. 497 , Cr.P.C , emerged --- Besides , there was compounding statement of the complainant also , which created further exception in favour of the petitioner , however , the offence under S. 377-A , P.P.C. , was not compoundable entailing capital punishment ; and granting bail on the basis of compromise would be against the public policy as well as law , but the circumstances suggested that no useful purpose would be achieved by placing the petitioner behind the bars , especially when investigation was complete and petitioner was no more required for the purpose of investigation --- Effective measures could be passed under ('the Act 2021') --- Purpose of Sexual Offence Prevention Order ( SOPO ) different provisions of Anti - Rape (Investigation and Trial) Act , 2021 was to protect the public , prevent further sexual offences and to fupport the rehabilitation and management of sexual offenders , aimed at striking balance between safeguarding potential victims and respecting the rights of the individual --- High Court directed the concerned SHO/1.0 to adopt all such necessary measures / actions in terms of Ss . 8 (1) (viii) & 21 of the Act 2021 for benefits/safeguard of victim and his family.

Bail allowed.