ZAHID vs State Ss — 2022 SCMR 50 SUPREME-COURT

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ZAHID VS State Ss. 377-B & 354---Sexually abusing a child---Reappraisal of evidence---Accused was investigated at length and was found involved as per accusation levelled in the crime report---Whole prosecution case qua ocular account hinged upon the testimonies of the victim and her mother i.e. the complainant---While making her statement in Court, the victim had narrated the whole occurrence in a very mature and natural manner touching the contents of the crime report on all aspects without any disconnection---Although the victim was of tender age, however, her statement depicted maturity of the highest level, which was in consonance with the statement of the other witness, who happened to be her mother---Victim has directly charged the accused for sexually abusing her while detailing the acts committed by him on the day of occurrence; she had further alleged that the accused was in the habit of sexually abusing her even earlier to the present incident---As far as the identity of the accused was concerned, there was not an iota of doubt about his identity because he being the neighbor of the victim was conversant with her---No previous enmity existed between the parties, which could lead to false implication of the accused in the present case---Mere non-availability of any sign of injury on the victim in the medical evidence was of no help to the accused, as the prosecution case was that the accused undressed the victim and touched his genital organ on the victim's body---Petition for leave to appeal was dismissed, leave was refused and convictions and sentences recorded against the accused were upheld.

ZAHID vs State Ss — 2022 SCMR 50 SUPREME-COURT

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