Case Details

Citation(s)
2025 SLG 5419 2025 SLD 5419 = 2025 PCRLJ 1473
High Court (AJ&K)
Criminal Appeal No. 126 of 2022, decided on 25th April, 2025.
Before Sardar Muhammad Ejaz Khan and Chaudhary Khalid Rasheed, JJ
Raja Zaigham Iftikhar for Appellant. Syed Zulqarnian Raza Naqvi for the Complainant. A.A.G. for the State.

HAMMAD QAYYUM---Appellant

VERSUS

The STATE through Advocate General of Azad Jammu and Kashmir and another---Respondents

Law: Azad Penal Code (XLV of 1860)

Section: 377

(a)    Azad Penal Code (XLV of 1860)-------S. 377---Un-natural offence---Solitary statement of victim---Scope--Accused could be convicted under S.377 of Azad Penal Code on solitary statement of victim if it rang true and was supported by medical evidence.1999 YLR 2305; 1988 PCr.LJ 1925; 1989 SCMR 418; 1993 PCr.LJ 2076; 1996 PCr.LJ 358; 1999 PCr.LJ 1939; 1997 PCr.LJ 1107; 1989 PCr.LJ 1220 and PLJ 2011 FSC 115 ref.2001 PCr.LJ 503; 2012 PCr.LJ 1200 and PCr.LJ 699 rel.(b)    Azad Penal Code (XLV of 1860)-------S. 377---Un-natural offence---Appreciation of evidence--Ocular account supported by medical evidence---Accused was charged for committing unnatural offence forcibly with the minor son of complainant---In the instant case, complainant, who was father of victim, also got his statement recorded and corroborated the version narrated in FIR---12 witnesses also appeared in witness box and endorsed the prosecution version sine any blemish---Medical Officers also got recorded their statements and sanctioned the contents of the medical reports prepared by them, hence the statements of the Medical Officers who examined the victim also corroborated the prosecution version---Defense failed to impeach the trustworthiness of witnesses or untangled anything injurious to the stance of the prosecution---Appeal against conviction was dropped in circumstances.(c)    Azad Penal Code (XLV of 1860)-------S. 377---Un-natural offence---Appreciation of evidence---Recovery of blood stained trouser---Scope---Accused was charged for committing unnatural offence forcibly with the minor son of complainant---Blood stained trouser of victim was recovered in presence of two witnesses---Both the recovery witnesses recorded their statements and supported the recovery memo through un-impeached testimony---Trousers of victim was reported to be stained with human blood by Chemical Examiner, hence prosecution story was further strengthened by recovery memos---Prosecution had entirely substantiated the guilt of accused to the hilt sine any reasonable doubt---Appeal against conviction was dropped in…
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