Citation Name: 2024 PCrLJ 1841 PESHAWAR-HIGH-COURTBookmark this Case Maqbool Hussain vs State Ss

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Citation Name: 2024 PCrLJ 1841 PESHAWAR-HIGH-COURTBookmark this Case Maqbool Hussain VS State Ss. 376, 364-a & 511---Khyber Pakhtunkhwa Child Protection and Welfare act (XIII of 2010), S. 53---Rape, kidnapping or abducting a minor, attempted rape, sexual abuse---appreciation of evidence---Ocular account supported by medical evidence---Natural witnesses---accused was charged that he took the minor daughter of complainant to a nearby jungle and raped her---Victim, who was a minor girl of about 11/12 years of age, narrated the entire episode in a straightforward manner in her examination-in-chief---Said witness remained consistent during her cross-examination despite intense questions put to her---Similarly, another minor girl who was aged about 10/11 years and accompanying the victim at the time when she was forcibly taken by the accused to the nearby jungle was examined and her testimony too strengthened the prosecution case---Complainant narrated the same story as in the FIR---Witness, who at the relevant time accompanied the complainant to the spot and witnessed all the events was also examined and his statement was fully in line with the statement of complainant as well as the prosecution version---all the said witnesses were subjected to a lengthy cross-examination but nothing was extracted from their mouth in favour of the accused---Moreso, no clue of mala fide or grudge for false implication of the accused in the case could be noticed in the entire prosecution evidence---In the peculiar circumstances, no question of misidentification of the accused would arise---No material contradiction in testimonies of all the witnesses were found, therefore, the presence of all the witnesses on the spot at the relevant time could confidently be termed as natural---Testimonies of the prime prosecution witnesses particularly of the victim, were fully corroborated by medical evidence brought by the prosecution through Medical Officers---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt under Ss.376/511 P.P.C, however due to mitigating circumstances, the sentence was however reduced from ten years to five years---accused was however acquitted of the charge under S.364-a, P.P.C---appeal was partially allowed.

Citation Name: 2024 PCrLJ 1841 PESHAWAR-HIGH-COURTBookmark this Case Maqbool Hussain vs State Ss — 2024 PCrLJ 1841 PESHAWAR-HIGH-COURT

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