Usman Ibrar vs State Ss — 2026 YLR 50 ISLAMABAD

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Usman Ibrar VS State Ss. 354-a, 342, 395, 375-a, 114, 506(ii), 509, 384, 377-B, 412 & 34---Criminal Procedure Code (V of 1898), S. 164---Outraging the modesty of a woman, wrongful confinement, dacoity or robbery committed by five or more persons, gang rape, abettor present when the offense was committed, criminal intimidation, insulting the modesty of a woman or causing sexual harassment, extortion, sexual abuse and trafficking of children, dishonest receipt or retention of property stolen during a dacoity, common intention---appreciation of evidence---Statements of victims---Reliance---Scope---accused were charged for detaining a girl and a boy in an apartment while forcibly stripping them off their clothes, extending life threats and committing obscene acts with the two victims---Both the victims got recorded their statements under S.164 Cr.P.C; the statement of victim was recorded by assistant Commissioner and other victim's statement was recorded by Sub-Divisional Magistrate---Both the victims provided each and every detail and description of the occurrence of the crime, the time, mode and manner in which each of the appellants had committed the crime along with the specific role of each appellant in detail---Both those statements were recorded by Magistrates who were also cross-examined at length on different technical aspects and nothing fruitful was achieved by the defence---Both the Magistrates while recording the statements observed the binding procedure with precaution in terms of S.364, Cr.P.C., read with S.164, Cr.P.C., and S.14 of anti-Rape (Investigation and Trial) act, 2021---In the present case, the requirements under S.164, Cr.P.C., viz a viz S.14 of anti-Rape (Investigation and Trial) act, 2021, were complied with, therefore statements of both the victims would be considered final and conclusive against the appellants---appeal against conviction was dismissed, in circumstances.

Usman Ibrar vs State Ss — 2026 YLR 50 ISLAMABAD

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