Law: Code of Criminal Procedure, 1898

Section: 377-B, 382-B ,342

Law: Prevention of Trafficking In Persons Act, 2018

Section: 3

Summary of the Judgment

Appellant Nadeem Waseer challenged his conviction under Section 377-B of the Pakistan Penal Code (PPC) and Section 3 of the Trafficking in Persons Act, 2018. He had been sentenced to 14 years of rigorous imprisonment and a fine of Rs.1,000,000, with a further 2 years' imprisonment in case of default. The case arose from allegations of sexual assault (sodomy) against a minor.

During the trial, the prosecution's main witnesses—including the complainant, two eyewitnesses, and the victim—did not support the prosecution’s case and were declared hostile. None identified the appellant as the perpetrator or corroborated the charge during ocular testimony. Medical evidence alone, the court held, was insufficient for conviction in absence of credible direct evidence. The court highlighted significant contradictions and discrepancies in the prosecution’s case and noted that the core legal principle required proof beyond reasonable doubt. As the prosecution failed to establish its case and the benefit of doubt was to be extended to the accused, the conviction was overturned and the appellant acquitted. He was ordered to be released unless wanted in another case.

Core Points

Hostile Witnesses: All material witnesses (complainant, eyewitnesses, victim) denied the appellant's involvement and were declared hostile.