Allah Wadhaya vs State Ss — 2025 YLR 367 LAHORE-HIGH-COURT-LAHORE

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Allah Wadhaya VS State Ss. 376, 365-B & 363---Rape, kidnapping---Appreciation of evidence---Abduction of the victim not established---Accused was charged for kidnapping the daughter of complainant and committing rape with her---Prosecution witness/victim had successfully evidenced her credibility, therefore the trial Court was quite justified to rely on her while finding the appellant guilty---Intention of the accused was the basis and the gravamen of an offence under S.376, P.P.C.---Consequently, there was no hesitation in holding that the trial Court rightly convicted the appellant for the offence punishable under S.376(1), P.P.C.---With regard to the conviction of the appellant under S.365-B P.P.C., the prosecution could not prove the said charge against the appellant---Trial Court itself rejected the statement of the prosecution witness who had stated that on 23.10.2014 at about 08.00 a.m. he had seen the appellant abducting, the victim---According to the statement of victim, when she was abducted by the appellant, said witness was not present at the said time and place---Furthermore, said witness, though being very closely related to victim, made no effort either to stop the abduction of victim or even to follow the appellant who was taking away the victim---No one from the locality supported the said charge of abduction levelled against the appellant---Trial Court also observed that complainant was not a witness of the said abduction---With regard to the part of the statement of victim that she was abducted by the appellant, the same was doubtful and contradictory to the attending circumstances---Therefore, the appellant could not have been convicted for the offence punishable under S.365-B, P.P.C.---Circumstances established that the prosecution had proved its case against the accused to the extent of committing rape with the victim, however due to mitigating circumstances, the sentence of imprisonment for life awarded to the appellant under S.376(1), P.P.C. was reduced to that of rigorous imprisonment of ten years---Appeal against conviction was dismissed with modification in sentence.

Allah Wadhaya vs State Ss — 2025 YLR 367 LAHORE-HIGH-COURT-LAHORE

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