Law: Pakistan Penal Code, 1860

Section: 302(b),364A,376

Law: Qanun-e-Shahadat (10 of 1984)

Section: 19,38,39,40

Law: Evidence Act, (1 of 1872)

Section: 27

Law: Criminal Procedure Code (V of 1898)

Section: 103,148,173,340(2),342,374

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364-A & 376---Qatl-i-amd, kidnapping or abducting a person under the age of ten years, rape---Appreciation of evidence---Last-seen evidence---Accused was charged for abducting the daughter of the complainant aged 6/7 years, committing rape and strangulating her to death---Accused was arrested while he was going towards the graveyard having a sack on his shoulder and from search of which dead body of victim was recovered---Prosecution case hinged upon circumstantial evidence, which was in the nature of last seen evidence furnished by two witnesses---According to the deposition of witness of last seen, he went to the place of abode of accused on 12.11.2014 at about 09:00 p.m. and had seen him in the company of a six years old girl---Admittedly, said witness had neither mentioned the name of deceased nor given her physical or facial features in his examination-in-chief; however, he had identified photograph to be of the deceased, when confronted with it during cross-examination---Other witness of last seen, who was having no blood relation with the deceased but hailed from the same vicinity, also appeared in the dock with the claim of having witnessed the deceased in the company of accused on 11.11.2014 at about 05:00 p.m. and stood firm with the stance---Testimony of both the witnesses of last seen showed that the two witnesses had no axe to grind with the accused through falsely implicating him in the case---Evidence of last seen was in consonance with the requirements of proximity of time and distance---Circumstances established that prosecution had successfully proved its case on the basis of circumstantial evidence comprising of last seen, apprehending of accused along with dead body of deceased, nexus between the accused and the room where deceased met her death as well as medical evidence---Appeal was dismissed. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364-A & 376---Qatl-i-amd, kidnapping or abducting a person under the age of ten years, rape---Delay of about two days in lodging of FIR---Effect---FIR was lodged with an unexplained delay of about two days---Scrutiny of record revealed that initially the…

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