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---Sentence, reduction in---Mitigating circumstances---Offence of abduction not established---accused was charged that he took the minor daughter of complainant to a nearby jungle and raped her---Prosecution allegation regarding abduction of the minor victim against the accused was that the minor victim while coming back from school was abducted by the accused to a nearby jungle, where he raped her---according to the site plan, the point/place wherefrom the victim was taken/dragged by the accused to the spot (jungle) was about 104 feet for the purpose of satisfaction of his lust and there was nothing in the evidence that the accused was having any other intention, thus, the peculiar circumstances of the case would not constitute offence of abduction of the victim and as such the matter would not attract S.364-a, P.P.C.---accused was also a minor of about 17 years at the relevant time and except the intention of commission of rape with victim, there was hardly anything in the prosecution evidence which could suggest that he also had the intention to take away the victim from her lawful guardianship with mens rea of her abduction---Thus, the conviction and sentence of the accused under S.364-a, P.P.C by the Court through the impugned judgment was not sustainable in the circumstances---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 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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