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ABDUL GHANI vs State S — 2021 YLRN 108 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 YLRN 108 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Parties
ABDUL GHANI vs State S
Subject matter
Criminal
Provisions referred to
S. 376---

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

ABDUL GHANI VS State S. 376--- Rape--- Appreciation of evidence--- Ocular account--- Scope---Allegation against the accused was that he raped the daughter of complainant aged ten years---Sentence, enhancement of---In the present case, the fate of the case was primarily hinged upon the statement of the victim---Victim deposed before the Trial Court that she was grazing goats and the accused was also grazing goats---Accused told that you would like to become his wife and when she denied, thereafter, the accused committed rape/zina with her---At that time, younger sister of victim was also with her and she informed her uncle and cousin---On their coming, the accused ran away---Prosecution also produced sister of victim, who was also eye-witness of the incident and she stated in her statement that on the day of occurrence, she along with her sister/victim was grazing the goats, the accused was also grazing the goats, and he told to her sister that would she like to become his wife---On denial, the accused started rape/zina with her and she told that to her uncle and cousin, when they came there, the victim was in an unconscious condition at that time---At the time of recording statement of the victim, her age was ten years, and the age of eye-witness was eight years, however, before recording their statements the Trial Court had asked the victim and eye-witness a number of questions to establish whether they were competent to testify and had recorded that they were quite mature and had answered the question satisfactorily, hence, said witnesses were declared a competent witness, therefore, the victim and witness testified before the court---Both the said witnesses furnished graphic detail of the occurrence---Said witnesses of the incident were cross-examined by the defence at full length, but they remained consistent inter-se and supplemented each other in minute detail qua time, date, place, mode and manner of the occurrence, identity of the accused and his role for committing rape with the victim---Statement of the said witnesses was corroborated with the statement of their uncle and cousin when the eye-witness informed them about the occurrence---Said witnesses reached to the place of occurrence and saw that the accused caught hold of the victim---Accused when saw them ran away from the place of occurrence---Victim was in an unconscious condition and took her to her house and informed her father on the phone---No reason was available for the victim and the witnesses to falsely implicate/nominate the accused for the heinous crime nor was any question put to the witnesses in that regard---Circumstances established that the prosecution had succeeded in proving its case beyond a reasonable doubt---Appeal against conviction was dismissed, in circumstances his sentence was enhanced from ten years to that of imprisonment of life.

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