Case Details

Citation(s)
2018 SLG 1869 2018 SLD 1869 2018 PLD 71
Balochistan High Court
Criminal Appeals Nos. 43 and 44 of 2017, decision Dated: 27-10-2017. Hearing Date : 13-10-2017.
ABDULLAH BALOCH, JUSTICE
Ahsan Rafiq Rana for Appellant (in Criminal No.43 of 2017). Muhammad Hassan Khan Sherani and Abdul Zahir Kakar for Appellants (in Criminal No.44 of of 2017). Abdul Mateen, D.P.G. for the State.

HAMIDULLAH

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 377, 341, 342, 500, 506, 190 & 34---Unnatural offence, wrongful restraint, wrongful confinement, defamation, criminal intimidation, threat of injury to induce person to refrain from applying for protection to public servant, common intention---Appreciaiton of evidence---Sentence, reduction in---Ocular account supported by medical evidence---Prosecution case was that accused persons on gun point committed unnatural offence with complainant and they also made a video and threatened that in case he informed anyone they would show the video to others---Complainant of the case appeared as witness and reiterated the contents of FIR and narrated the entire story in line with complaint---Victim correctly identified all the accused persons in the Trial Court---Evidence of said witness was subjected to lengthy cross-examination, but nothing benefit or advantageous had come on record---Even otherwise, the defence had failed to put any suggestion to the victim for false implication of the accused persons---Prosecution case had been strengthened by the medical evidence produced by the Medical Officer---Medical Officer opined that the accused persons were mentally and physically fit to perform the act of sexual intercourse---Medical Officer also opined that the victim was sexually assaulted by many persons due to which tone of anal splinter was less and duration was old---Medical evidence was in line with the ocular testimony---Prosecution had produced corroborative and confidence inspiring evidence and the defence had failed to cause any dent in the evidence of prosecution---Circumstances established that accused persons failed to point out any material illegality or irregularity in the impugned ---Trial Court had awarded sentence of seven years to accused persons by the impugned ,being harsh was reduced to three years in circumstances---Appeal against conviction was dismissed. (b) Penal Code (XLV of 1860)--- ----Ss. 377, 341, 342, 500, 506, 190 & 34---Qanun-e-Shahadat (10 of 1984), Art. 40---Unnatural offence, wrongful restraint, wrongful confinement, defamation, criminal intimidation, threat of injury to induce person to…
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