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HASSAN KHAN vs STATE — 2026 PLD 187 SUPREME-COURT

Case information

Citation
2026 PLD 187 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
PLD
Parties
HASSAN KHAN vs STATE
Subject matter
Criminal

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

HASSAN KHAN VS STATE. Ss. 376 & 496-B---Rape and fornication---Re-appraisal of evidence---Delay of 7 months in registration of FIR---Consenting party---Proof, absence of---Accused was convicted by Trial Court for committing rape with complainant / alleged victim and was sentenced to imprisonment for twenty years---Validity---Fornication is distinct from Section 376 P.P.C., which means that it is concerned with the act which is not consensual and it is against the will of the person who is the victim of such offense---Modification of offence was not justified, unless element of consent was established through independent and cogent evidence and not merely on the basis of assumptions or surmises---Accused was not initially charged with Section 496-B, P.P.C. and was charged under Section 376, P.P.C.---His Lordship declined to modify conviction under Section 376, P.P.C. to a conviction under Section 496-B, P.P.C. just to reduce sentence of accused---Such modification of conviction would be against the basic principles of law which stated that to convict a person under a particular offense all ingredients of that offense must be proved beyond reasonable doubt---This Lordship declined to interfere in conviction and sentence awarded to accused by Trial Court---Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2026 PLD

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