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MUHAMMAD WASEEM vs State S — 2026 PLD 16 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2026 PLD 16 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2026
Reporter
PLD
Parties
MUHAMMAD WASEEM vs State S
Subject matter
Criminal
Provisions referred to
S. 376---Q; S. 376

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

MUHAMMAD WASEEM VS State S. 376---Qanun-e-Shahadat (10 of 1984), Art. 19---Rape of child---Appreciation of evidence---Doctrine of res gestae---Hearsay, exception to---Fact connected with fact in issue---Accused was convicted for committing rape with a minor girl of four years and was sentenced to imprisonment for life---Held: Doctrine of 'res gastae' has been defined under Art. 19 of Qanun-e-Shahadat, 1984 which is an exception to hearsay---Res gastae means matter incidental to the main fact explanatory of it---Requirement of res gastae is that the statement must have been made contemporaneously with the act or immediately after it and not at such an interval of time as to make it a narrative of past events---Acts which constitute or explain fact in issue are admissible as forming part of res gestea---Witness saw the victim weeping and followed her and asked the reason for weeping; the victim told him that she had been sexually abused upon by the accused---Such statement was admissible in evidence---Victim told her parents that she was feeling abdominal pain because she was subjected to rape by accused---Victim had disclosed the incident to her parents on the same date, therefore, statements of her parents were admissible under Art. 19 of Qanun-e-Shahadat, 1984---Trial Court rightly relied upon both the witnesses as their statements were corroborated by that of the victim---High Court declined to interfere in conviction and sentence awarded to accused as prosecution had established its case beyond shadow of doubt and Trial Court had already taken a lenient view,as normal penalty under S. 376, P.P.C. was death---Appeal was dismissed, in circumstances.

Other judgments reported in 2026 PLD

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