IFTIKHAR ALI vs State Ss — 2022 PCrLJ 1396 LAHORE-HIGH-COURT-LAHORE

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IFTIKHAR ALI VS State Ss. 376 & 506---Rape, criminal intimidation---Appreciation of evidence---Ocular account---Scope---Accused was charged for committing rape with the daughters of complainant and intimidating with dire consequences if his misdeeds were reported to anyone---Complainant appeared in the witness box with the claim of having seen the accused committing rape of her daughter---Such stance of the complainant was amply supported by both the victims through their respective depositions before the Trial Court---Girls/victims who though were minors but while appearing in the Court stood firm and narrated the detail of their miseries and went on to depose about vaginal penetration---Father of both the victims had a son from his previous marriage and during trial an attempt was made to hold him responsible for the allegation of rape but both the victims vociferously discarded it---Victims even during trial budged not a single pace from their stance of having been sexually mutilated by their paternal uncle/accused---Evidence of complainant as well as of the two victims had been eloquently examined but did not come across any legal infirmity about their veracity---Testimony of a victim showed that she not only narrated the ordeal of her sexual sufferings without any ambiguity but she also responded to the cross-examination with coherent answers; it could safely be gathered from the deposition of said victim that she was in no manner handicapped to appear as a witness so as to be adjudged as incompetent to testify in terms of Art. 3 of Qanun-e-Shahadat, 1984---In the absence of any legal disability of said victim in terms of Art. 3, her deposition was admissible and could be based for upholding the conviction---Circumstances established that the prosecution had proved its case against the accused without any shadow of doubt---Appeal was dismissed accordingly.

IFTIKHAR ALI vs State Ss — 2022 PCrLJ 1396 LAHORE-HIGH-COURT-LAHORE

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