Amani Rome vs State S — 2025 PCrLJ 189 PESHAWAR-HIGH-COURT

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Amani Rome VS State S. 376---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Rape, sexual abuse---Appreciation of evidence---Medical evidence corroborating ocular account---Accused was charged for committing rape with the minor daughter of complainant---Medical evidence was furnished by Medical Officer, who examined the victim at 06:50 pm on 07.07.2017, the day the incident occurred---Medical Officer recorded that at the time of her examination, the victim was conscious and she was weeping due to severe vaginal pain---Opinion of the Medical Officer was that forceful intercourse was done with the victim---Such findings left no doubt whatsoever that the victim was raped---Circumstances established that the prosecution had proved beyond any reasonable shadow of doubt that the accused raped the victim---Appeal against conviction was dismissed accordingly. Citation Name: 2025 PCrLJ 189 PESHAWAR-HIGH-COURTBookmark this Case Amani Rome VS State S. 376---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Rape, sexual abuse---Appreciation of evidence---Ocular account proved---Accused was charged for committing rape with the minor daughter of complainant---Ocular account had been furnished by victim, her father and uncle---Complainant narrated the whole story of the case as mentioned in the FIR---Victim, being a minor girl of 09 years, was first subjected to rationality test by the trial Court---As many as 09 questions were asked from her she successfully replied to all the questions, including most particularly, giving evidence as to the purpose of her presence in the Court---Victim narrated the entire episode of the occurrence in her statement---Closer analysis of the cross-examination clearly manifested that the defence was not successful in showing that the statement of the victim was prompted by influence or duress and was not confidence inspiring---In that respect, victim's examination-in-chief appeared to be categorical in spelling out the event in all its natural details---More importantly, the victim remained firm and steadfast during her cross-examination---Victim had given the evidence which was evidence in fact and not something extraneous or something that her grandmother told her to state in her evidence---Court was at loss to find something that might provide leverage to the defence---Uncle of the victim/witness was not given a tough time during cross-examination---Said witness fully restated in his cross-examination that he had seen the victim and the appellant near the water hand pump at about 12:00 noon, a short time before the incident---Said witness recollected that even in his police statement he had deposed that he had seen the appellant standing near the water pump---Admission of said witness that the police recorded his statement after four days of the occurrence, was not helpful to the defence---Circumstances established that the prosecution had proved beyond any reasonable shadow of doubt that the accused raped the victim---Appeal against conviction was dismissed accordingly. Citation Name: 2025 PCrLJ 189 PESHAWAR-HIGH-COURTBookmark this Case Amani Rome VS State S. 376---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Criminal Procedure Code (V of 1898), S. 164---Rape, sexual abuse---Appreciation of evidence---Confessional statement, recording of---Accused was charged for committing rape with the minor daughter of complainant---Record showed that confessional statement of the appellant was recorded by the Judicial Magistrate, on 12.07.20117---Questionnaire, the certificate and the confessional statement coupled with the deposition of the Judicial Magistrate demonstrated that appellant made the confession of his own free will, without compulsion of any body and further that he was neither threatened nor was induced nor was he told that he would be made an approver---Certificate appended to the statement reflected that appellant was produced at 12:30 pm and was given two hours to think about his decision to make his confession---Certificate further showed that the appellant gave his statement in Pashto, which the Judicial Magistrate translated into Urdu and then read it over to him and that he admitted the same as correct, which he finally signed and thumb impressed---Confessional statement was certified under S.364, Cr.P.C.---Analysis of the evidence found no anomaly in the process followed by the Judicial Magistrate while recording the confessional statement of the appellant---Circumstances established that the prosecution had proved beyond any reasonable shadow of doubt that the accused raped the victim---Appeal against conviction was dismissed accordingly.

Amani Rome vs State S — 2025 PCrLJ 189 PESHAWAR-HIGH-COURT

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