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

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JUMARAZ VS State Ss. 302 & 376---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rape, act of terrorism---appreciation of evidence---Circumstantial evidence---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---Record showed that the son of the present accused appeared before the court and stated that while busy with other people in digging grave for the deceased, he received information regarding involvement of his father in the offence, hence, came from the graveyard and made sit his father in a room of his house whereafter he was arrested by police---Said witness further stated that he was satisfied with regard to commission of the crimes by his father being of notorious character---Said witness had confirmed in cross-examination, that there was no ill-will between them and the accused party rather they were enjoying their lives jointly---Said witness had no motive to falsely depose against his own father, therefore, his statement, being worth credence, could be relied upon in support of the prosecution case---Presence of the accused on the day of occurrence in the same village and even near the place of recovery of the dead body was established---Prosecution story stood to reason and was natural, convincing and free from any inherent improbability---all the circumstances were inter-linked making out an unbroken chain connecting the present accused with rape and murder of the deceased, thus, qualified the criteria of acceptable circumstantial evidence---Circumstances established that prosecution had proved the charge against the accused beyond shadow of reasonable doubt---appeal against conviction was dismissed accordingly.

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

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