YASIR AYYAZ vs State S — 2019 PLD 366 LAHORE-HIGH-COURT-LAHORE

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YASIR AYYAZ VS State S. 376(2)---prevention of electronic Crimes Ordinance (XIV of 2009), S.13---Rape committed by two or more persons in furtherance of common intention, cyber stalking---Appreciation of evidence---"Consent" and "submission" by victim---Analysed---Prosecution case was that the accused persons committed rape with the daughter of the complainant and captured the incident on a cell phone camera---Prosecution had relied upon video footage, film prepared by the accused graphically capturing the assault upon the prosecutrix---Hand phone sets, memory cards as well as subscriber identity module secured during the course of investigation dispatched to Forensic Science Laboratory, the report of which confirmed the integrity of video footage---Video was played in the court in the presence of accused persons---Accused were unmistakably featured while assaulting the prosecutrix, one by one, in a manner nauseatic and abhorrent---Digitally generated evidence through the automated process stored in memory card was not amenable to human interference, as confirmed by forensic analysis---Sciences did not perjure---Contents of the footage were confronted, the accused had nothing to offer in their defence---Memory card established the culpability in terms of Art. 22 of the Qanun-e-Shahadat, 1984, leaving no space to entertain any hypotheses of mistaken identity or their innocence---Alleged consent of prosecutrix was outrageously scandalous to say the least---Every consent involves a submission but the converse does not follow and a mere act of submission does not involve consent---Prosecutrix was on way when intercepted and taken to a nearby place in a rural neighbourhood---Circumstances suggested that it was inconceivable that she would consent for the treatment meted out to her in a most tormenting manner and would also countenance while its detail being captured by the accused, which was certainly not expected from unmarried girl in her early twenty from a rural neighbourhood to be a willing object of a most repugnant exposure and ridicule---Circumstances established that Trial Court had rightly placed implicit reliance on the prosecution evidence so as to return a guilty verdict, therefore, no interference was called for---Appeal was dismissed, in circumstances.

YASIR AYYAZ vs State S — 2019 PLD 366 LAHORE-HIGH-COURT-LAHORE

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