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TAJ-UD-DIN vs State Ss — 2022 PCrLJ 1710 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PCrLJ 1710 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PCRLJ
Parties
TAJ-UD-DIN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 377; S. 364-

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

TAJ-UD-DIN VS State Ss. 364-a & 377---Qanun-e-Shahadat (10 of 1984), art. 39---Sodomy---appreciation of evidence---Medical evidence---Offence---Determination--Confession before police---accused persons were alleged to have abducted complainant and committed sodomy with him---Trial Court convicted both the accused persons for abducting complainant and sentenced them to imprisonment for life---Validity---Medical evidence was a corroborative piece of evidence coupled with statement of victim---Evasive denial without any allegation of false implication had concluded that offence of sodomy punishable under S. 377, P.P.C. was established---Prosecution's case carried two versions, one introduced by complainant/victim and another brought on record through disclosure of one convict---Confession before police was discarded as the same was not admissible in evidence---Other details or narrations mentioned/made in such disclosure could not be accepted also---Statement/any piece of evidence was to be accepted or rejected in toto and not otherwise---Version introduced by accused persons could not be trusted, as the same was not worthy of credit---Carnal intercourse was committed with complainant and the same was proved on record---High Court altered the charge framed for an offence punishable under S. 364-a, P.P.C. to offence of sodomy captioned as unnatural offence punishable under S. 377, P.P.C.---High Court reduced sentence of imprisonment from life to ten years---appeal was dismissed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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