Law: Pakistan Penal Code, 1860

Section: 377

Law: Punjab Science Agency Act, 2007

Section: 9(3)

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

Section: 164

Law: Criminal Procedure Code (V of 1898)

Section: 382B,435,439

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S.377--Criminal Procedure Code, 1898, Ss. 435/439--Conviction and sentence--Challenge to--Sodomy--Filmed carnal assault--Appreciation of Evidence--Petitioner filmed victim during carnal assault with a cell phone camera and while confronting child with images stored therein managed his silence; incident was finally shared by victim with his parents--Recovery of mobile phone handset along with memory card which on forensic analysis generated graphic details of occurrence duly verified vide report--Forensic report prepared by analyst can be looked into without reservation in view of Section 9(3) of Punjab Science Agency Act, 2007 and as such can be pressed into service to support ocular account in place of clinical finding--There is no traditional static mode to be followed to prove a criminal charge as Court must adopt a dynamic approach to employ scientific methodologies to reach out a culprit in new era of forensics--Sciences do not purger--Ocular account alone is sufficient to sustain charge inasmuch as there is no earthly reason for child or his family hailing from a rural neighbourhood to put forth a fake charge by incurring perennial embarrassment. Qanun-e-Shahdat Order, 1984 (10 of 1984)-- ----Art. 164--Punjab Science Agency Act, 2007, S. 9(3)--Forensic Data--Absence of clinical findings having regard to peculiar facts and circumstances of case could be dispensed through substituted reliance upon forensic data referred to procured through technical system which is not amenable to human interference. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE---.--- Muhammad Irfan, petitioner herein, is in receipt of a guilty verdict returned vide judgment dated 27-4-2017 by a learned Magistrate at Kahuta; he was indicted for having carnal knowledge against order of nature with Noman Israil, 14, (PW-2) on 13-3-2016 and filmed him during the process and for that stands convicted under Section 377 of the Pakistan Penal Code, 1860 and sentenced to 3-years' rigorous imprisonment along with fine of Rs.45000/- or to undergo six months simple imprisonment in the event of default as well as compensation in the sum of…

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