Citation Name: 2024 PCrLJ 1795 LAHORE-HIGH-COURT-LAHOREBookmark this Case Istikhar alias Iftikhar vs State S

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Citation Name: 2024 PCrLJ 1795 LAHORE-HIGH-COURT-LAHOREBookmark this Case Istikhar alias Iftikhar VS State S. 376---Rape---Appreciation of evidence---Ocular account proved---Evidence of minor victim, reliance upon---Accused was charged for committing Zina-bil-jabr with the minor daughter of the complainant---Prosecution case hinged upon the testimony of complainant, two eye-witnesses and the victim---Complainant reiterated the contents of the crime report---Two eye-witnesses unflinchingly supported the complainant while stating that they witnessed the accused committing rape with the minor girl---Said witnesses were subjected to lengthy cross-examination but the defence could not shatter their credibility on material particulars of the incident---Most crucial and star witness of the occurrence was the victim---Victim was about five years old at the time of recording of evidence and the trial Court before recording her testimony put some queries to her in order to determine whether she was competent to understand the questions and after satisfying it on that point, recorded her statement---Victim girl in her statement, in categorical terms raised accusing finger towards the accused to be the person, who took her towards a tube-well, removed her clothes and committed rape with her---Victim faced the test of cross-examination with full confidence and gave graphic details of the incident in a quite natural manner---During cross-examination, victim not only gave the name of her teacher but also her immediate neighbors and class fellows---From the tenor of the statement of the star witness, Court was convinced that what she deposed while appearing in the dock in the Court room was confidence inspiring and no one had tutored her in that regard---Statement of the victim child was quite natural, straightforward, convincing and confidence inspiring leaving no room for the Court to draw any adverse inference---Appeal was dismissed, in circumstances. Citation Name: 2024 PCrLJ 1795 LAHORE-HIGH-COURT-LAHOREBookmark this Case Istikhar alias Iftikhar VS State S. 376---Rape---Appreciation of evidence---Lodging of FIR with promptitude---Scope---Accused was charged for committing Zina-bil-jabr with the minor daughter of the complainant---Incident had taken place on 27.03.2018 at about 12:40 noon and the crime report was lodged on the same day at 03:45 p.m. i.e. within almost three hours of the occurrence---Said promptness in lodging the crime report not only confirmed presence of the eye witnesses at the spot but also excluded every hypothesis of deliberation, consultation and fabrication prior to the registration of the case---Appeal was dismissed in circumstances. Citation Name: 2024 PCrLJ 1795 LAHORE-HIGH-COURT-LAHOREBookmark this Case Istikhar alias Iftikhar VS State S. 376---Rape---Appreciation of evidence---Medical evidence corroborating the prosecution case---Accused was charged for committing Zina-bil-jabr with the minor daughter of the complainant---Woman Medical Officer conducted medico-legal examination of the victim and observed that there was bruising of perianal area along with tears of varying sizes and at different positions---Vaginal area seemed intact on naked eye examination and there were signs of dried blood around perianal area and on buttocks---According to the opinion of Woman Medical Officer, sexual assault was committed with the minor girl---Nature of injuries endured by the victim and described by the Medical Officer were sufficient to attract the offence of rape on the touchstone of penetration---Appeal was dismissed in circumstances. Citation Name: 2024 PCrLJ 1795 LAHORE-HIGH-COURT-LAHOREBookmark this Case Istikhar alias Iftikhar VS State S. 376---Rape---Appreciation of evidence---DNA profile---Scope---Accused was charged for committing Zina-bil-jabbar with the minor daughter of the complainant---Allegedly, in the report of DNA analysis, no semen stain was detected---However, this was not helpful for the defence for more than one reasons---Firstly, according to the Medical Officer, private area of the victim was washed prior to her examination, as such there seemed no possibility of availability of semen at the time of examination---Secondly, detection of seminal material in the vaginal swabs of the victim was just a corroboratory piece of evidence and merely due to its non-detection the other overwhelming ocular and medical evidence could not be discarded---Appeal was dismissed in circumstances.

Citation Name: 2024 PCrLJ 1795 LAHORE-HIGH-COURT-LAHOREBookmark this Case Istikhar alias Iftikhar vs State S — 2024 PCrLJ 1795 LAHORE-HIGH-COURT-LAHORE

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