Law: Pakistan Penal Code, 1860

Section: 34,365,377

(a) Penal Code (XLV of 1860)--- ----Ss. 365, 377 & 34---Kidnapping or abducting with intent to secretly and wrongfully confine person, unnatural offence, common intention---Appreciation of evidence---Ocular account corroborated by medical evidence---Prosecution case was that the accused forcibly took away the minor son of complainant on motorcycle and then took him into a room, where another unknown person was present, where all of them committed sodomy with the minor---Ocular account of the occurrence was furnished by the complainant and the victim---Record showed that complainant of the case appeared as witness and fully reiterated the contents of FIR and narrated the entire story in line with the fard-e-bayan and the FIR---Complainant narrated the whole story with regard to non-return of his son from bazaar and his arrival on the following day and on query, the victim disclosed about the episode---Complainant without any loss of time promptly lodged the FIR by specifically nominating the accused persons and the act of abduction as well as committing unnatural offence with his son---Evidence of said witness was subjected to lengthy cross-examination, but nothing beneficial had come out on record in favour of the accused---Victim appeared and narrated the whole story with regard to his abduction on motorcycle by the accused persons and taking him towards fisheries pool and committing unnatural offence with him the whole night and setting him free on the following day---Statement of the victim was in line with his earlier statement---Said witness was cross-examined at sufficient length, but nothing fruitful had come on record in favour of defence---Nothing was on record to show that victim was tutored by his elders---Statement of the victim child had been corroborated by the circumstantial witnesses and medical evidence---Both the complainant as well as the victim remained consistent and firm in their depositions---Said witnesses accurately uttered the date, time and manner in which the accused persons took the victim and committed sodomy with him---Ocular testimony produced by the prosecution was direct in nature and the same remained unshaken, consistent…

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