TAYYAB RAZA vs State Ss — 2021 YLR 1291 QUETTA-HIGH-COURT-BALOCHISTAN

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TAYYAB RAZA VS State Ss. 375, 376, 377, 294 & 506---Sexual offences, rape, sodomy, obscene acts and songs, criminal intimidation---Appreciation of evidence---Sentence, reduction in---Accused was charged for sexually abusing the daughter of complainant and taking snaps and recording videos---In the present case, statements of prosecution witnesses established the fact that the accused had been sexually assaulting the minor girls of the Mohallah---All the witnesses had brought on record that soon after getting information, the accused was arrested and after watching the snaps and videos they were shocked that the accused was sexually assaulting the minor girls---Confession of accused was recorded before Judicial Magistrate---Court statements of witnesses were fully in line with the confessional statements under S.164, Cr.P.C. as well as their statements recorded by the Investigating Officer under S.161, Cr.P.C.---Defence had failed to point out any minor contradiction or dishonest improvement in all the statements of witnesses---Even otherwise, a minor child could be defamed for whole life, no father or elder brother would involve an innocent person in the false case---No suggestion was put forth to the effect that the complainant or the victim had any animosity or ill will against the accused---Defence had failed to bring on record any ill-will or ulterior motives on the part of witnesses for false implication of the accused---Record showed that though number of victims were named, who were sexually assaulted, but the prosecution had failed to produce all the victims---One major victim was not produced by the prosecution, though her Court statement was available on record---Victims had also kept mum till the arrest of the accused, thus, in such circumstances, awarding of capital punishment to the accused was unwarranted---Sentence of death of accused was, therefore, converted into imprisonment for life---Appeal against conviction was dismissed with said modification in sentence, in circumstances.

TAYYAB RAZA vs State Ss — 2021 YLR 1291 QUETTA-HIGH-COURT-BALOCHISTAN

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