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ASIM GULFRAZ vs State — 2026 SCMR 398 SUPREME-COURT

Case information

Citation
2026 SCMR 398 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
SCMR
Parties
ASIM GULFRAZ vs State
Subject matter
Criminal
Provisions referred to
Pakistan Penal Code

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

ASIM GULFRAZ VS State. Section 377-B, Pakistan Penal Code, 1860---Qanun-e-Shahadat (10 of 1984), Article 22---Sexual abuse---Reappraisal of evidence---Test identification parade---Evidentiary value---Scope. Accused was charged for sexually abusing minor son of complainant. Identification parade of petitioner-convict was conducted on 17.09.2019 by Judicial Magistrate through minor victim. Judicial Magistrate deposed that after complying with all legal formalities, he conducted identification parade of petitioner-convict inside jail. During identification proceedings, minor victim correctly identified petitioner-convict and specifically narrated role of petitioner, reiterating mode and manner in which he was subjected to unnatural offence. Judicial Magistrate was subjected to cross-examination but nothing could be elicited from his testimony to discredit identification proceedings or create doubt regarding correctness of identification. Identification of accused by victim is a piece of substantive evidence and carries great evidentiary value, particularly in cases where offence is committed in private and there are no other eyewitnesses. Correct identification by a victim, who had opportunity to observe culprit during commission of offence, is of utmost significance and cannot be discarded lightly. In the present case, minor victim identified petitioner-convict inside jail without any prompting by police, which carried substantial weight and reinforced credibility of his testimony. Petition being devoid of merit was dismissed.

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