SHAHZAD AHMED vs State Ss — 2025 PLD 357 ISLAMABAD

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SHAHZAD AHMED VS State Ss. 376 & 90---Rape---Appreciation of evidence---Consent of victim---Scope---Actus reus and mens rea for the offence of rape established---Accused was charged for committing rape with the complainant---Victim testified that the appellant entered her home under the pretext of asking for water and raped her after instilling fear in her---Victim stated that he was carrying a weapon at that time and raped her in an empty room that was 20 feet away from another room in the house in which her younger siblings were asleep---Rape happened at a time when the victim's parents were away from the house and had taken her younger brother to the hospital---During cross-examination, no inconsistencies in the victim's story could be effectively made out by the defence---In the statement recorded by the appellant in terms of S. 342 of Cr.P.C., he claimed that the victim was blaming him for the act of another person, which act was one of consensual intercourse between the victim and a third person---Said contention stood negated by the DNA report which confirmed the victim's statement that the appellant had intercourse with her---Appellant never took the plea that he did have intercourse with the complainant and that such intercourse was consensual, despite being aware of the DNA report that established that he was the biological father of the baby girl born to the victim---In the event that the appellant had taken the defence that the intercourse was consensual and had proved so through evidence on a balance of probabilities, the onus would then have reverted back to the prosecution, which would need to prove beyond reasonable doubt that such consent had not been given---Appellant, however, made out no such case---Even otherwise, it did not appeal to a prudent mind that an unmarried girl would name an innocent unconnected person to take the fall for a rapist or even for another person where the intercourse was consensual---Victim's testimony sufficiently established mensrea on part of the appellant by making a confidence inspiring testimony that she had not consented to the intercourse which was forced upon her by the appellant---Defence failed to create reasonable doubt either in relation to the actus reus or the mens rea for the crime of rape---Thus, the prosecution proved beyond reasonable doubt that the appellant was guilty of the offence of rape---Section 90 of P.P.C holds in any event that a consent given in consequence of fear falls outside the definition of consent---Section 375 of P.P.C defined rape as a man having sexual intercourse with a woman including inter-alia against her will or without her consent or with her consent when it had been obtained by putting her in fear of death or hurt---Prosecution successfully established that the appellant was guilty of an offense in terms of S. 376 of P.P.C---Thus, the findings of the Trial Court with regard to the conviction of the appellant was confirmed---Appeal against conviction was dismissed, in circumstances.

SHAHZAD AHMED vs State Ss — 2025 PLD 357 ISLAMABAD

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