SAIF-UR-REHMAN vs STATE — 2026 PCrLJ 176 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 PCrLJ 176 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: PCRLJ
Parties: SAIF-UR-REHMAN vs STATE
Subject matter: Criminal
Provisions referred to: S. 377---P; Pakistan Penal Code (XLV of 1860)

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

SAIF-UR-REHMAN VS STATE. S. 377---Pakistan Penal Code (XLV of 1860)---Unnatural offence---Appreciation of evidence---Benefit of doubt---Medical evidence not supporting ocular account---Scope. The accused was charged for committing sodomy with the minor son of the complainant. The Chief Medical Officer, DHQ Hospital, conducted the examination of the victim and observed that blood was oozing from the external anal region and both buttocks were wet with blood. However, although he took samples of anal swabs, his statement remained silent regarding the specific performance of sexual intercourse. The said witness deposed before the Court that a surgeon was called for expert opinion, but perusal of the record revealed that the prosecution had failed to produce the said surgeon as a witness. Even otherwise, the opinion of the referred Medical Officer was also not available on record. However, after examination of anal swabs, the Forensic Science Agency issued a DNA and serology analysis report, which transpired that the anal swabs of the victim were not found stained with semen. The forensic report negated the ocular version of the prosecution and created serious doubt regarding the allegation levelled against the accused. The prosecution failed to establish the charge against the accused beyond reasonable doubt. Appeal against conviction was allowed, in circumstances.

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