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---Statement of minor witness/victim---Scope---accused was charged for committing rape with the minor daughter of the complainant---Victim deposed before the trial Court that she went to the house of the accused and there the mother of the accused was not in the house and there the accused committed rape/zina with her and thereafter threatened her not to tell anyone about the occurrence or otherwise he would kill her---Thereafter victim was taken to Hospital where the Female Medical Officer was not available and the accused took her to the other hospital---On the next date, parents and uncle of victim reached Hospital where the Medical Officer told them that zina had been committed with the victim---at the time of recording her statement, the age of victim was 8/9 years, however before recording her statement, Trial Court had asked the victim a number of questions to establish whether she was competent to testify and recorded that she was quite mature and had answered the questions satisfactory, hence she was declared a competent witness, therefore, the victim testified before the Court---In the witness box the minor witness furnished graphic details of the occurrence and she was cross-examined by the defense at full length, but she remained consistent inter-se and supplemented in a minute the detail of the incident qua time, date, place, mode and manner of the occurrence, identity of the accused and his role for committing rape with her---Statement of the victim was therefore, corroborated with the statement of complainant that when he received information he reached the hospital and the victim told him about the occurrence---There was no reason for the victim and the complainant to falsely implicate/nominate the accused/appellant for the heinous crime, nor were any questions put to the witnesses in that regard---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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