PESHAWAR
The Peshawar High Court (PHC) has issued significant directives for cases of sexual crimes against children, emphasizing that child victims must be questioned in a friendly and supportive environment.
The court also ordered that proceedings in such cases should be conducted in-camera (behind closed doors) to ensure complete privacy and protection of the victims.
A division bench comprising Justice Sahibzada Asadullah and Justice Khurshid Iqbal stated in detailed judgment that under the Anti-Rape Act 2021, courts are legally bound to adopt a sensitive and careful approach while hearing child abuse cases.
The bench stressed that minor victims should not be subjected to harsh questioning or psychological pressure in a traditional courtroom setting.
The High Court set aside the decision of the Child Protection Court in Mardan and sent the case back for retrial. Previously, the trial court had declared a 7-year-old girl unfit to testify because she could not provide satisfactory answers to certain questions, despite the accused already being sentenced to life imprisonment.
In its 21-page verdict, Justice Sahibzada Asadullah ruled that declaring a child incompetent simply because the child cannot explain the nature of the court, judge, or legal proceedings is neither legally nor morally justified. The court observed that children who are victims of sexual assault often suffer severe fear, confusion, and psychological trauma, which can affect memory and the ability to express themselves properly.
The bench directed the trial court to record the victim’s statement according to law and decide the case afresh, ensuring that the dignity and rights of the child are prioritised at every stage.
