ABDUL GHANI vs State S — 2022 SCMR 544 SUPREME-COURT

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ABDUL GHANI VS State S. 376(1)---Rape of minor---Reappraisal of evidence---Juvenile accused---Sentence of ten years' rigorous imprisonment awarded by Trial Court enhanced to imprisonment for life by the High Court---Whether justified---Plea of accused that negative forensic report cast shadow on the reliability of prosecution case, benefit whereof cannot be withheld from the accused---Validity---Child victim being in tender nubility was clinically established to have been violated, a circumstance that required no further forensic corroboration---Negative reports do not reflect upon the veracity of prosecution case for reasons more than one---D.N.A. profile generation though a most meticulous method with unfailing accuracy, nonetheless, requires an elaborate arrangement about storage and transportation of samples, a facility seldom available---Even a slightest interference with the integrity of samples may alter the results of an analysis and, thus, the fate of prosecution case cannot be pinned down to the forensic findings alone, otherwise merely presenting a corroborative support, hardly needed in the face of overwhelming evidence, presented by the prosecution through sources most unimpeachable---Crime was reported with a remarkable promptitude; accused being a close family relation, the timeframe does not space any hypothesis of consultations or deliberations---Given the violence inflicted upon the child, enhancement of accused's sentence by the High Court, his juvenility notwithstanding, cannot be viewed as excessive or harsh---Petition for leave to appeal and appeal were both dismissed.

ABDUL GHANI vs State S — 2022 SCMR 544 SUPREME-COURT

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