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Sami Ullah vs State S — 2025 PCrLJ 73 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 PCrLJ 73 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
PCRLJ
Parties
Sami Ullah vs State S
Subject matter
Criminal
Provisions referred to
S. 377---; S. 17---C; S. 340; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Sami Ullah VS State S. 377--- anti-Rape (Investigation and Trial) act (XXX of 2021), S. 17---Criminal Procedure Code (V of 1898), S. 340(2)---Sodomy, sexual abuse of minor---appreciation of evidence---Defence plea not plausible---accused was charged for committing sodomy with minor son of complainant---Record showed that the accused besides his own statement also produced Medical Officer, Dr. "Ka", "N" and WK---Medical Officer testified that the accused was working as assistant with him in his medical store and that on 31.10.2021 at 5:00 pm he was present with him in his medical store---Statement of said Medical Officer was of no help to the accused as the occurrence took place on 30.10.2021---"N" testified that accused was his cousin and that father of the accused and complainant had a dispute over a shop---Said witness admitted that the matter was resolved between parties by the arbitrators, but stated that he could not produce the written decision of the arbitrators---"WK" was also relative of the accused, who also reiterated regarding dispute between father of accused and complainant over a shop prior to the instant case, however, stated that it was resolved---In such state of affairs, if the prosecution version was kept in juxtaposition with the stance of defence, no other view could be drawn except that the case of the prosecution was more plausible, confidence inspiring and truthful than the defence version--- Circumstances established that the prosecution had successfully proved the indictment without any shadow of doubt against the accused---However, due to peculiar circumstances, while maintaining the conviction, the sentence of the accused was reduced from life imprisonment to five (05) years---appeal against conviction was dismissed with said modification in sentence.

Other judgments reported in 2025 PCRLJ

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