REHMAT ALI vs STATE — 2026 SCMR 614 SUPREME-COURT

Case information

Citation: 2026 SCMR 614 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: REHMAT ALI vs STATE
Subject matter: Criminal
Provisions referred to: S. 376---Q

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

REHMAT ALI VS STATE. S. 376---Qanun-e-Shahadat (10 of 1984), Art.3---Rape---Re-appraisal of evidence---Rationality test for a child witness---Scope. Accused-appellant was charged for committing rape with his own minor daughter. As per record, the Trial Court had not put the rationality test to the victim/child witness prior to recording of her statement. Under Article 3 of the Qanun-e-Shahadat, 1984, a child was a competent witness if he/she passed a standard of the sufficient maturity of understanding about the facts which were to be narrated by her. Note/observation by the Court, based on the relevant questions and their answers would make such statement credible. In the given situation the statement of victim needed strong corroboration, which was lacking. Petition was converted into an appeal and was allowed, in circumstances, and conviction and sentence of appellant were set-aside.

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