| Citation(s) |
|---|
| 2018 SLG 1337 2018 SLD 1337 2018 MLD 1014 |
Balochistan High Court
Cr. Rev. No. 83 of 2017, decision Dated: 20-10-2017. Hearing Date : 25-09-2017.
ABDULLAH BALOCH, JUSTICE
Abdul Karim Malghani, State Counsel for the State. Ms. Farzana Khilji for the Complainant.
Cr. Rev. No. 83 of 2017, decision Dated: 20-10-2017. Hearing Date : 25-09-2017.
ABDULLAH BALOCH, JUSTICE
Abdul Karim Malghani, State Counsel for the State. Ms. Farzana Khilji for the Complainant.
YASIR AND 2 OTHERS
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----Ss. 377, 506(A) & 34---Unnatural offence, criminal intimidation, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Prosecution case was that the accused persons committed unnatural offence with son of the complainant and they made a video---Complainant of the case appeared as a witness and reiterated the contents of FIR and narrated the entire story in line with fard-e-bayan---Victim narrated the whole story with regard to the arrival of accused persons in his house and at the pretext of dating, the accused persons had taken him in the garage and by tightening his mouth and hands committed repeatedly unnatural offence with him and the absconding accused was making a movie by his mobile phone---Statement of the victim was in line with his earlier confessional statement recorded under S.164, Cr.P.C. by Judicial Magistrate---Testimonies of the witnesses were in line with each other on material counts---Said witnesses were cross-examined at sufficient length, but nothing fruitful had come on record in favour of defence---Both the complainant and victim remained consistent and were 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, confidence inspiring and supported the case of prosecution---Case of prosecution had been corroborated by the medical evidence---Medical Officer, who examined the victim, had opined that the victim had been sexually assaulted---Medical Officer, who examined the accused persons and found them potent and able to perform sexual act---Medical evidence had remained unshaken and unchallenged---Forensic DNA and Serology Analysis Report was in affirmative---Defence had taken the plea that the shalwar of victim took into possession by the Investigating Officer was received by Forensic Science Laboratory after delay of one and half years---If the Forensic Science Laboratory Report was discarded from consideration in toto, even then sufficient…
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