Rab nawaz vs State S — 2025 PCrLJ 1494 QUETTA-HIGH-COURT-BALOCHISTAN

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Rab nawaz VS State S. 376---anti-Rape (Investigation and Trial) act (XXX of 2021), S. 17---Rape, sexual abuse of minor---appreciation of evidence---Delay of eight days in lodging the FIR---Scope---accused was charged for committing rape with the minor daughter of the complainant---In the case in hand the occurrence of subjecting the minor girl to sexual intercourse was said to have taken place on 06.04.2022 between 12:00 p.m. to 2:00 pm and the matter was reported at 7:30 p.m., on 14.04.2022; hence there was a delay of almost eight days---However, the fact that the modesty of a minor girl was violated by sexual assault made understandable the apprehension of the victim and her family in approaching the police immediately---Delay in reporting the crime to the police in respect of an offence involving a person's honor and reputation and which society might have viewed unsympathetically could prey on the minds of a victim and her family and deter them to go to the police---In the present case, the delay had plausibly been explained---Victim was takento the District Headquarters Hospital where the Female Medical Officer was absent at that time and victim was then taken to other hospital---Crime scene was at a considerable distance from the District Headquarters Hospital with no basic health amenities let along the road infrastructure---No source of transport with the parents of the victim girl being poor who were daily wage laborers---Minor girl was shifted to the hospital by witnesses, therefore, in such a situation it was very obvious that even if the report had been lodged with a delay, it would not bring complications and was otherwise not beneficial for an accused who had been charged with the offence the punishment of which would entail to death penalty or imprisonment for life---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt, however, due to some mitigating circumstances, the death sentence was altered to imprisonment for life---With the said modification in the sentence of appellant, the appeal was dismissed.

Rab nawaz vs State S — 2025 PCrLJ 1494 QUETTA-HIGH-COURT-BALOCHISTAN

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