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

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ABDUL GHANI VS State S. 376--- Criminal Law (Amendment), (Offences Related to Rape) Act (XLIV of 2016), S. 5---Rape of minor---Appreciation of evidence---Sentence, quantum of---Allegation against the accused was that he raped the daughter of complainant aged ten years---Record showed that the Trial Court convicted the accused for an offence under S.376(1), P.P.C.---Alternate sentence for the rape of a minor was enhanced by the Criminal Law (Amendment), (Offences Related to Rape) Act, 2016, promulgated on 22.10.2016, whereas the crime was committed in the year 2018, however, S.376(2), P.P.C., provided for two alternate punishments, i.e. death and imprisonment for life when whoever committed rape of a minor or a person with the mental or physical disability---In the present case, the accused had committed zina/rape with a victim and at that time of the occurrence the age of victim was nine years, but the command of law escaped notice of the trial judge for awarding punishment of ten years to the accused---Admittedly, at the time of the commission of offence, the age of the accused was 16/17 years---Section 16 of the Juvenile Justice System Act, 2018, described that no person who was a juvenile offender at the time of the commission of an offence shall be awarded the punishment of death---In such circumstances, appeal of accused was dismissed, however, his punishment was enhanced from ten years to that of imprisonment of life by accepting the criminal revision petition filed by complainant.

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

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Judgment text as reported