| Citation(s) |
|---|
| 2025 SLG 3311 2025 SLD 3311 = 2025 SHC 449 |
Criminal Jail Appeal No.S-02 of 2024
Riazat Ali Sahar, J
Appellant: Muhammad Siddique through Mr, Rukhsar Ahmed Junejo, Advocate. Complainant: Mr. Khalid Hussain through Mr. Muhammad Imran Khan, Advocate.
Respondent: The State through Mr. Khalil Ahmed Maitlo, D.P.G. Sindh.
Law: Pakistan Penal Code, 1860
Section: 377-B, 377, 511
Law: Prohibition (Enforcement of Hadd) Order, 1979
Section: 11
Law: Code of Criminal Procedure, 1898
Section: 154,173,342
Law: Qanun-e-Shahadat Order, 1984
Section:
Summary
Muhammad Siddique Channa was convicted under Section 377-B of the Pakistan Penal Code (PPC) and Article 11 of the Prohibition (Enforcement of Hudood) Order, 1979 for attempting an unnatural offence and being intoxicated, sentenced to 14 years rigorous imprisonment with a fine, and 2 years imprisonment concurrently. The case arose from a complaint alleging that Siddique forcibly attempted unnatural intercourse with a 13-14-year-old minor, Irfan Hyder. The prosecution produced eyewitnesses and medical evidence. However, inconsistencies existed: the victim admitted only an attempt was made, not completion of the act; the victim’s father retracted his initial allegations; and DNA evidence excluded the accused’s involvement. The court found contradictions among prosecution witnesses and insufficient proof of commission of the offence beyond a reasonable doubt. Hence, the appeal was allowed, the conviction set aside, and the appellant acquitted.
Core Points
- Appellant convicted under Section 377-B PPC (sexual abuse of a minor) and Article 11 PEHO (intoxication).
- Complaint involved alleged attempt to commit unnatural offence with a 13-14-year-old minor.
- Prosecution evidence included multiple witnesses, victim testimony, eyewitness account, and medical reports.
- The victim’s statement revealed only an attempt was made, not the completed act.
- The victim’s father retracted his accusation, declared hostile.
- DNA analysis excluded accused from the act.
- Medical evidence did not corroborate commission of unnatural intercourse.
- Contradictions and inconsistencies in prosecution evidence weakened the case.
- Legal principle: Conviction not sustainable beyond reasonable doubt; accused favored in doubts.
- Appeal allowed; conviction and sentence set aside; appellant acquitted.
Law and Section Table
| Law / Section | Description |
|---|---|
| Section 377-B PPC | Sexual abuse of a minor under 18 years; minimum sentence 14 years imprisonment with fine; severe punishment for acts including attempt or commission of unnatural offences involving minors. |
| Section 377 PPC | Unnatural offence punishable by imprisonment for life or term between 2 to 10 years, with fine. |
| Section 511 PPC | Punishment for attempt to commit an offence if act is not completed. |
| Article 11 PEHO, 1979 | Prohibition and punishment related to intoxication by alcohol, requires credible forensic evidence for conviction. |
| Section 154 Cr.P.C | Registration of a First Information Report by police on complaint. |
| Section 173 Cr.P.C | Submission of investigation report or challan. |
| Section 342 Cr.P.C | Recording statement of accused before trial. |
| Qanun-e-Shahadat Order, 1984 | Provisions regarding competency of witnesses including minors, and admissibility of their testimony. |
J U D G M E N T