Ahsan Ali Gardezi vs State S — 2025 PCrLJ 1801 ISLAMABAD

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Ahsan Ali Gardezi VS State S. 377-B---Sexual abuse---Appreciation of evidence---Ocular account proved---Child witnesses, evidence of---Reliance---Accused was charged for sexually harassing the minor daughter of the complainant---Minor victim confirmed that she along with her brother were sitting near the main door of the Masjid and her brother was also present with her, who was the second direct eye-witness of the incident---Victim was confronted with a specific and direct question regarding the identity of the accused, to which she responded that she remembered the face of the accused, who came at the time of occurrence---Victim did not see the accused person at the police station---Said statement confirmed that victim was mature enough to comprehend the situation and possessed a strong memory enabling her to identify the accused, who was later identified to be applicant---Furthermore, during cross-examination, the defence put additional questions, which were answered by the child victim in a very particular and detailed manner---Victim stated that there was a beard on the face of the accused---Accused was wearing a blue-coloured shirt with white stripes and yellow-coloured pants---Accused came on a bike, he parked his bike, then took a round and came near them---These were specific and distinctive features of the accused---Therefore, this part of the identification of the accused person, especially the appellant, had to be seen in comparison with the second eye-witness, who also reiterated his stance in affirmative evidence regarding the incident of 11.09.2022---Said witness confirmed that he, his sister and grandfather, went to offer Maghrib prayer at the mosque---Both said witness and his sister sat outside the mosque while their grandfather went inside---At that time, the accused started talking to them, asked various questions, and committed obscene acts with him and his sister---As per affirmative evidence of said witness, the accused kissed his sister, after which he started running; accused went away and came back, and then again he kissed his sister---Said affirmative evidence remained on record---During cross-examination of the direct witness,the appellant's side did not ask anything to dispel these elements of sexual abuse of the victim---Therefore, the two direct statements of the child witnesses were relevant for the entire crime scene---Circumstances established that the prosecution had successfully proved the case beyond any shadow of doubt---Appeal against conviction was dismissed, accordingly.

Ahsan Ali Gardezi vs State S — 2025 PCrLJ 1801 ISLAMABAD

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