QAISAR MEHMOOD vs State Ss — 2021 SCMR 662 SUPREME-COURT

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QAISAR MEHMOOD VS State Ss. 364-a & 302(b)---Offence of Zina (Enforcement Of Hudood) Ordinance (VII of 1979), S. 10(4)---Kidnapping, rape and qatl-i-amd of a minor---Reappraisal of evidence---Prosecution has relied upon a chain of circumstances comprising of the complainant and witnesses identifying the victim departing in the company of accused and co-accused, heading towards a factory, and again while disposing of the corpse concealed in a gunny bag; and the confession of accused and co-accused shortly before their arrest and subsequent recoveries of incriminatory bloodstained articles from their residential room in the factory---Said uninterrupted continuing links, synchronized in a chain of circumstances, were tallied by findings, recorded in the autopsy report that unambiguously confirmed a carnal assault with the victim within the durations compatible with the incidence of events related by the witnesses---Witnesses had no apparent motive either to falsely implicate the accused and co-accused or swap them with someone else---Incident was immediately brought to attention of senior police officers, who were on board, and, thus, it was rather difficult to assume, as suggested by the defence, that a sub-inspector of the police diverted the course of investigation so as to let off the actual offenders---Seizure of blood, string, chaddar and shoe, each with stains of blood, from inside the room occupied by the accused and co-accused, duly depicted in site plan, establish beyond an iota of doubt that the victim was molested to death in the room located in the factory where admittedly both the accused and co-accused worked---Both accused and co-accused were not strangers to the complainant or to the child and, thus, were in a position to lure the latter without raising any suspicion---Duration of violence endured by the victim was compatible with the noted timeframe of assault, death and autopsy---Victim's cavities, both rectal as well as vaginal, with a freshly torn hymen, were noticed by the medical officer as profusely bleeding---In such backdrop, the evidence of last seen against the accused and co-accused, in itself, admitted no space to entertain any hypothesis other than their guilt---Death sentence on two counts and imprisonment for life awarded to accused was maintained, whereas death penalty on two counts awarded to co-accused was converted to imprisonment for life as he was a minor at the time of commission of the crime---appeal was disposed of.

QAISAR MEHMOOD vs State Ss — 2021 SCMR 662 SUPREME-COURT

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