Nauman Butt vs State Ss — 2025 YLR 1301 SUPREME-COURT-AZAD-KASHMIR

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Nauman Butt VS State Ss. 341, 342 & 377---Offence of Zina (Enforcement of Hudood) Act (V of 1985), S. 12---Wrongful restraint, wrongful confinement, unnatural offence, kidnapping or abducting in order to subject person to unnatural lust---Appreciation of evidence---Section 377, A.P.C, applicability of---Penetration---Scope---Accused were charged for committing unnatural offence with the complainant after abducting him---Law clearly stated that even the slightest penetration was enough to fulfill the requirements of the offence---Complete and deep penetration was not a prerequisite---In this case, the medical report prepared by the Medical Officer revealed important findings that strongly pointed to sexual assault, specifically involving anal intercourse---Report confirmed damage to the anal or external sphincter which strongly indicated penetration and substantiated the charge under S.377, A.P.C---Anatomy of the anal sphincter consisted of two muscles; the internal and external sphincter---Said muscles helped to control the opening and closing of the anus---Damage to these muscles usually occurred when there was a forceful anal penetration, especially when it happened without consent or lubrication---Such damage was often caused by forceful thrusts, resulting in tears, abrasions, or trauma---Medical Officer had further clarified that these injuries occurred about "2 to 3 hours before" the examination, which meant the trauma was fresh and directly linked to the incident being investigated---Circumstances established that the prosecution had proved its case against the accused persons, however, due to mitigating circumstances, conviction of accused "AD" and "AB" was upheld, however, their punishment was reduced to the sentence they had already undergone---Conviction of accused "NB" was upheld, however the sentences of life imprisonment imposed under S.12 of the Offence of Zina (Enforcement of Hudood) Act, 1985, was reduced to imprisonment of ten years---Under S.377, A.P.C, life imprisonment was reduced to imprisonment for ten years---Appeal was partly accepted with modification in sentence.

Nauman Butt vs State Ss — 2025 YLR 1301 SUPREME-COURT-AZAD-KASHMIR

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