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---Medical evidence---Scope---accused was charged for committing rape with the minor daughter of the complainant---as per statement of Female Medical Officer, not onlymere penetration to the hymen was found, but it was observed by said witness that there was excessive vaginal bleeding---although Female Medical Officer had been cross-examined to the extent that she did not examine the said victim---Said witness was neither relative to the complainant nor inimical to the accused, therefore, it was impossible to say that she issued a false medical certificate---Even otherwise, the said witness was cross-examined by the defence but failed to impeach her credibility---Potency test was also performed on the accused/appellant and the report produced by Medical Officer confirmed that the accused was an adult well oriented in time, place and a person whose age was mentioned as twenty-eight years---accused was arrested eight days after the occurrence---Under such circumstances, no seminal material was found on the Shalwar of the accused and it was, therefore, not sent to the Forensic Science Laboratory for analysis---Rape having been established, was it then necessary to conduct a DNa test to determine that the semen retrieved from the victim's body and shalwar was of the appellant---However, it was not necessary that such DNa testing was required under the circumstances---Moreover, DNa testing was not a requirement by the law---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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