JUMARAZ vs State Ss — 2021 YLR 955 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 955 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: JUMARAZ vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JUMARAZ VS State Ss. 302 & 376---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rape, act of terrorism---appreciation of evidence---Recovery of incriminating material---Scope---allegation against the accused was that he raped a 5/6 years old girl in an under-construction room on the rooftop of his house and thereafter committed her murder---Investigating Officer recovered a pair of slippers, placed on an old cot and covered with a tarpaulin, which belonged to deceased as identified by her father/complainant---Cot and tarpaulin were also taken into possession along with slippers---Two empty bags of Cement were lifted from place of occurrence which were taken into possession---Blood was recovered through cotton from a portion of the under-construction room on the rooftop of the house of accused---accused pointed out the place where the minor girl was subjected to rape---Prosecution had also produced a witness in support of the said recoveries who had verified the same in his examination-in-chief---Forensic Science Laboratory Report regarding the blood and blood-stained articles was positive for human blood---Natural mode and manner of the said recoveries from the spot coupled with photographs taken during pointation by the accused as well as the confidence inspiring statements of witnesses, any probability of false procurement of the said evidence by police was excluded---Circumstances established that prosecution had proved the charge against the accused beyond shadow of reasonable doubt---appeal against conviction was dismissed accordingly.

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