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Hammad Qayyum vs State S — 2025 PCrLJ 1473 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2025 PCrLJ 1473 HIGH-COURT-AZAD-KASHMIR
Year
2025
Reporter
PCRLJ
Parties
Hammad Qayyum vs State S
Subject matter
Criminal
Provisions referred to
S. 377---U; S. 377; Azad Penal Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Hammad Qayyum VS State S. 377---Un-natural offence---Solitary statement of victim---Scope---Accused could be convicted under S.377 of Azad Penal Code on solitary statement of victim if it rang true and was supported by medical evidence. Citation Name: 2025 PCrLJ 1473 HIGH-COURT-AZAD-KASHMIRBookmark this Case Hammad Qayyum VS State S. 377---Un-natural offence---Appreciation of evidence---Recovery of blood stained trouser---Scope---Accused was charged for committing unnatural offence forcibly with the minor son of complainant---Blood stained trouser of victim was recovered in presence of two witnesses---Both the recovery witnesses recorded their statements and supported the recovery memo through un-impeached testimony---Trousers of victim was reported to be stained with human blood by Chemical Examiner, hence prosecution story was further strengthened by recovery memos---Prosecution had entirely substantiated the guilt of accused to the hilt sine any reasonable doubt---Appeal against conviction was dropped in circumstances. Citation Name: 2025 PCrLJ 1473 HIGH-COURT-AZAD-KASHMIRBookmark this Case Hammad Qayyum VS State S. 377---Un-natural offence, proof of---Simple penetration is sufficient to constitute un-natural offence and ejaculation is not necessary. Citation Name: 2025 PCrLJ 1473 HIGH-COURT-AZAD-KASHMIRBookmark this Case Hammad Qayyum VS State Related witnesses, evidence of ---Scope---Related witness is as much competent witness as any other and can only be disbelieved if got a substantial motive to implicate the accused in a false case. Citation Name: 2025 PCrLJ 1473 HIGH-COURT-AZAD-KASHMIRBookmark this Case Hammad Qayyum VS State S. 377---Un-natural offence---Appreciation of evidence--Ocular account supported by medical evidence---Accused was charged for committing unnatural offence forcibly with the minor son of complainant---In the instant case, complainant, who was father of victim, also got his statement recorded and corroborated the version narrated in FIR---12 witnesses also appeared in witness box and endorsed the prosecution version sine any blemish---Medical Officers also got recorded their statements and sanctioned the contents of the medical reports prepared by them, hence the statements of the Medical Officers who examined the victim also corroborated the prosecution version---Defense failed to impeach the trustworthiness of witnesses or untangled anything injurious to the stance of the prosecution---Appeal against conviction was dropped in circumstances. Citation Name: 2025 PCrLJ 1473 HIGH-COURT-AZAD-KASHMIRBookmark this Case Hammad Qayyum VS State S. 377---Un-natural offence---Appreciation of evidence---Minor contradictions in the statement of victim---Scope---Accused was charged for committing unnatural offence forcibly with the minor son of complainant---In the present case, minor discrepancies regarding time of telling story by the victim to his father, the time of coming back or time of last seen evidence were ignorable because the same did not go to the roots of the case rather were natural---Appeal against conviction was dropped in circumstances.

Other judgments reported in 2025 PCRLJ

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