Law: Pakistan Penal Code (PPC),1860

Section: 377-B

Law: Code of Criminal Procedure, 1898

Section: 173,382-B

Law: Qanun-e-Shahadat Order, 1984

Section: 19

Summary

In this case, an 8-year-old boy, Muhammad Shahvaiz, was sodomized by Asim Gulfraz on June 11, 2019, in Islamabad. The victim identified the accused via sketch and jail identification parade, supported by medical evidence of neck scratches, perianal injuries, semen on his trousers, and DNA matching the accused's blood sample. The trial court convicted him under Section 377-B PPC, sentencing him to 14 years' rigorous imprisonment and a Rs. 1,000,000 fine. Appeals to the High Court were dismissed, and the Supreme Court refused leave to appeal, upholding the conviction based on the victim's reliable testimony, forensic corroboration, and res gestae doctrine.

Core Points

• Incident and FIR: Victim lured to under-construction shop with promises of toys; returned home distressed with neck scratches; FIR registered at PS Shahzad Town against unknown accused.
• Victim's Testimony: PW-10 (minor) rationally answered preliminary questions; detailed lure, assault, immediate disclosure to mother, medical exam, and positive jail identification without prompting.
• Identification Parade: Conducted fairly on 20.09.2019 at Adyala Jail by PW-8; victim correctly identified accused from lineup, report Exh.PD.
• Medical Evidence: PW-7 noted neck scratches; PW-11 found perianal fissures; PW-3/PW-4 confirmed accused capable of intercourse; semen on victim's trousers (Exh.PK).
• Forensic Corroboration: PFSA reports (Exh.PL) matched DNA from victim's trousers sperm fraction to accused's blood and victim's buccal swab.
• Res Gestae: Mother's testimony (PW-9) admissible under Article 19 Qanun-e-Shahadat Order, 1984, as victim's spontaneous narration immediately after incident.
• Judicial Outcome: Trial court convicted (12.04.2021); High Court dismissed appeals (04.08.2021); Supreme Court dismissed jail petition, finding no legal error.

Laws and Sections

JUDGMENT