| Citation(s) |
|---|
| 2024 SLG 3854 2024 SLD 3854, 2024 PLJ 240 |
Crl. A. No. 04-I of 2022, decided on 07.12.2023
Present: Dr. Syed Muhammad Anwer, J.
Mr. Ihsan Ullah, Advocate for Appellant. Mr. Muhammad Farooq Sulehria, Advocate for
Respondent. Mr. Anees Muhammad Shahzad, State Counsel on behalf of Advocate General, K.P. Date of hearing: 23.11.2023.
ABDUL MOEEN--Appellant
VERSUS
STATE through Additional Advocate General and others--Respondents
Law: Pakistan Penal Code, 1860 (XLV of 1860)--
Section: Ss. 324, 450, 334, 148 & 149
Pakistan Penal Code, 1860 (XLV of 1860)--
----Ss. 324, 450, 334, 148 & 149--Offence of Zina (Offence of Hudood) Ordinance, 1979 (IV of 1979), S. 18--Conviction and sentence--Challenge to--Offence of zina--Statement of victim--Record of evidence in absence of accused--This statement of victim, which is supported by medical evidence as well as by statements of eye-witnesses, is enough to prove case of prosecution--The appellant raised a point in appeal that during trial of appellant, those statements of witnesses, which were transposed in trial of appellant cannot be relied upon, because only statements were transposed through Court order, but their exhibits were not transposed--In this case, sole statement of victim is trustworthy and confidence inspiring along with statements of eye-witnesses, hence same is enough to maintain conviction of appellant/accused--Even otherwise, status of medical evidence is always corroborative in its nature--The case of prosecution, especially in light of statements given by victim along with statements of other witnesses, proves case of prosecution without any doubt.
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