Citation Name: 2023 PLD 70 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL HAYE vs State Ss

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Citation Name: 2023 PLD 70 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL HAYE VS State Ss. 363 & 376---Kidnapping, rape---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for kidnapping the minor niece of the complainant and committing rape with her---Prosecution produced medical evidence through Lady Police Surgeon, who examined the victim and after examination of victim, issued Medico-Legal Certificate and opined the victim was physically and mentally ok and well-oriented to time and place---Lady Police Surgeon further opined that the hymen of victim was not intact and sexual assault had been performed upon her, besides redness was found around the vagina as well as fresh signs of sexual intercourse and old signs---Perusal of Medico-Legal Certificate established the fact that rape was committed with the victim---Lady Police Surgeon also took samples for analysis i.e. Vaginal Swabs, Shalwar and Buccal Swab of victim as well as samples of accused's i.e. Shalwar, Chadar, Blood, Buccal Swab and Fluid---After examination of accused, the Lady Police Surgeon was of the opinion that the accused was physically and mentally healthy and was able to perform the act of sexual intercourse---Samples so taken from the victim as well as from the accused were sent to Forensic Science Laboratory for analysis, which after examination issued its report, perusal whereof confirmed that seminal material was found on Shalwar of victim---Both the ocular and medical evidence were in line with each other---In ocular testimony the witnesses had alleged that rape was committed with the victim by the accused and the medical evidence had established the ocular testimony that offence was committed with the victim---Even otherwise, soon after the commission of crime, the victim was taken to hospital and within 24-hours she was examined by a lady doctor---Besides, the FIR had been lodged promptly without any delay, thus the prompt lodging of FIR had ruled out the possibility of deliberation or consultation---Appeal against conviction was dismissed accordingly. Citation Name: 2023 PLD 70 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL HAYE VS State Ss. 363 & 376---Kidnapping, rape---Appreciation of evidence---Solitary statement of minor victim---Reliance---Accused was charged for kidnapping the minor niece of the complainant and committing rape with her---In the present case, defence objected that the solitary statement of the victim was not sufficient to base conviction thereon---Validity---It was not the number of witnesses but quality and credibility of the evidence which was to be considered---In cases of rape and sodomy, generally there were hardly any witnesses other than the victim, as it was very rare that such offence took place in view of others or at public place, thus great sanctity was attached to the statement of the victim and sole testimony of the victim would be sufficient to base conviction thereon if it inspired confidence---Prosecution had produced corroborative and confidence inspiring evidence in the present case and the defence had failed to cause any sort of dent in the evidence of prosecution, therefore, the objection so taken by the defence was without any substance---Appeal against conviction was dismissed accordingly. Citation Name: 2023 PLD 70 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL HAYE VS State Ss. 363 & 376---Kidnapping, rape---Appreciation of evidence---Minor victim as star witness---Scope---Accused was charged for kidnapping the minor niece of the complainant and committing rape with her---Star witness of the prosecution was the victim of case, who appeared in the Court as witness---Since, star witness was minor aged about 5-years, thus in order to ascertain her mental condition and conscious, certain questions were put upon her, which were replied correctly by her and thereafter her statement was recorded---Victim in her statement stated that she along with daughter of complainant were taken by the accused in his house, who purchased ice cream for them, and gave them some money, and finally took off her Shalwar and committed bad act (rape) with her and thereafter let them free---Victim identified the accused in the Trial Court---Admittedly, victim was a minor, but at the time of her examination in chief the Court asked several questions from her and found her mentally mature and fit to answer the questions correctly and even during cross examination she replied the questions correctly, which established the soundness of her mind and her statement could not be thrown aside merely on the ground of her minor age of 5/6-years rather her statement alone was enough to establish the charge against the culprit---Even otherwise, there was nothing on record showing that this witness was tutored by her elders---Thus, nothing adverse had come on record to disbelieve the evidence of victim---Victim's statement suggested that immediately after the occurrence she came to her house, informed elders, correctly identified the place of occurrence as well as the culprit/accused, who committed hateful act with her and even the defence despite lengthy cross-examination failed to dent or jolt her statement---Appeal against conviction was dismissed accordingly.

Citation Name: 2023 PLD 70 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL HAYE vs State Ss — 2023 PLD 70 QUETTA-HIGH-COURT-BALOCHISTAN

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