SAQIB KHAN vs State Ss — 2022 PCrLJ 580 PESHAWAR-HIGH-COURT

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SAQIB KHAN VS State Ss. 376 & 377--- Rape, unnatural offence---Appreciation of evidence---Accused, a Juvenile---Sentence, reduction in---Conduct of witnesses---Scope---Accused was charged for committing rape with the minor daughter of complainant---Possibility of false implication of the present accused in the case on the basis of ill-will was ruled out for the reason that there was no evidence of previous enmity between the parties nor the defence had confronted complainant or her brother-in-law, who had verified the report, with any suggestion in that regard---Even otherwise false implication of accused in such like cases could not be expected from parents of the victim because of shame and humiliation in society as obviously as result of such disclosure the victim would carry the stigma with her for the whole of her life---Thrashing of the entire evidence on record, there was no possibility of false implication of the accused in the present case---Testimony of witnesses came under the principle of res gestae and the same was admissible in evidence under Art. 19 of the Qanun-e-Shahadat, 1984---Complainant and uncle of the victim had explained all aspects of the occurrence and their statements were also corroborated by medical and other circumstantial evidence---Testimony of said witnesses being straightforward, trustworthy and confidence inspiring connected the accused with occurrence---Circumstances established that the prosecution had proved its case against the accused, however appeal was partially allowed by reducing sentence of imprisonment to ten years, being a juvenile, accused would be released on probation for the remaining period of sentence. Head NotesCase Description

SAQIB KHAN vs State Ss — 2022 PCrLJ 580 PESHAWAR-HIGH-COURT

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