| Citation(s) |
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| 2026 SLG 637 2026 SLD 637 = 2026 YLR 50 |
Islamabad High Court
Criminal Appeals Nos. 169, 139, 149 and 184 of 2022, decided on 21st June, 2023.
Presented By: Before Mohsin Akhtar Kayani and Arbab Muhammad Tahir, JJ
Sohail Nasir for Appellants (in Criminal Appeal No. 169 of 2022). Raja Rizwan Abbasi for Appellants (in Criminal Appeal No. 139 of 2022). Qaiser Imam Ch., Ghulam Yasin, Imran Nawaz Saduzai and Shayan Abbasi for Appellants (in Criminal Appeal No. 149 of 2022). Qazi Adil Aziz and Junaid Ahmad Qureshi for Appellants (in Criminal Appeal No. 184 of 2022). Khadija Ali, State Counsel, Akhtar S.I, P.S Golra Sharif and Shafqat Inspector, P.S. Golra Sharif for the State. Assisted by Neha Touseef and Salman Abbas (Law Clerks).
Criminal Appeals Nos. 169, 139, 149 and 184 of 2022, decided on 21st June, 2023.
Presented By: Before Mohsin Akhtar Kayani and Arbab Muhammad Tahir, JJ
Sohail Nasir for Appellants (in Criminal Appeal No. 169 of 2022). Raja Rizwan Abbasi for Appellants (in Criminal Appeal No. 139 of 2022). Qaiser Imam Ch., Ghulam Yasin, Imran Nawaz Saduzai and Shayan Abbasi for Appellants (in Criminal Appeal No. 149 of 2022). Qazi Adil Aziz and Junaid Ahmad Qureshi for Appellants (in Criminal Appeal No. 184 of 2022). Khadija Ali, State Counsel, Akhtar S.I, P.S Golra Sharif and Shafqat Inspector, P.S. Golra Sharif for the State. Assisted by Neha Touseef and Salman Abbas (Law Clerks).
USMAN IBRAR and others---Appellants
VERSUS
The STATE and others---Respondents
Law: Penal Code (XLV of 1860)
Section: 354A,342,395,375A,115,506(ii),509,384,377B,412,34
Law: Criminal Procedure Code (V of 1898)
Section: 164,364
Law: Qanun-e-Shahadat (10 of 1984)
Section: 22
Law: Anti-Rape (Investigation and Trial) Act, 2021
Section: 14
(a) Penal Code (XLV of 1860)--- ----Ss. 354-A, 342, 395, 375-A, 114, 506(ii), 509, 384, 377-B, 412 & 34--Outraging the modesty of a woman, wrongful confinement, dacoity or robbery committed by five or more persons, gang rape, abettor present when the offense was committed, criminal intimidation, insulting the modesty of a woman or causing sexual harassment, extortion, sexual abuse and trafficking of children, dishonest receipt or retention of property stolen during a dacoity, common intention---Appreciation of evidence---Digital evidence confirming the occurrence---Accused were charged for detaining a girl and a boy in an apartment while forcibly stripping the off their clothes, extending life threats and committing obscene acts with the two victims---Record showed that the entire case rested upon the video evidence stored in two USBs---Forensic analysis through the use of metadata showed that no software or tool was used or identified in the submitted four video files to perform video editing or tampering---Moreover, it was also identified during frame analysis of the video clips that there was no edition or deletion in the videos---Said witness also conducted spectrogram analysis of audio and video clips and he could not identify any abrupt changes in the pitch which proved the genuineness of audios of those video files---Said witness also conducted voice authentication analysis of audios received in USB with the audios of the video files and found the audio file of accused/appellant matched with the audios in the video files which depicted strong evidence and gave the verbal scale of 3.22---Audios of other accused persons in the video files were of short length and analysis could not be done because of short length of audios---Said witness also received letter for forensic analysis and retrieval of data stored in three mobiles, however, during analysis it was found that a phone was reset, further it was identified to be at configuration stage which depicted that phone was not used after it was reset last time---Whereas, other mobile phone was found password protected and the protection could not be exploited without risk of loss of data---Said witness…