Judgment in a case where the girl was raped by her father.
Citation Name : 2012 YLR 847 FEDERAL-SHARIAT-COURT |
Side Appellant : ZULFIQAR ALI |
Side Opponent : State |
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S.
376--- Rape--- Appreciation of evidence---Victim girl was subjected to
zina by her own father---Statement made by the victim inspired
confidence; it appeared, but natural that she did not report the matter
to police on the first two occasions when she was unmarried and had
naturally considered its future repercussions against her
father---Victim was also conscious of the honour of her family as stated by her---family pressure in such matters was
always apparent; in her own words, when she got sick of the attitude of
her father, she had no other option, but to report the matter to the
Police---Victim girl had made a very convincing statement---All the
three times after her rape, she protested and complained about the
occurrence to her mother; her statement was fully supported by medical
evidence; and further corroborated by report of the Chemical
Examiner---Nothing was on record to show that she was either a girl of
easy virtue or had any bad reputation in the community---Mere delay in
lodging F.I.R., per se was not at all fatal to the case of prosecution,
if the other evidence, inspired confidence and delay was plausibly
explained----In the present case, the delay had been plausibly
explained---Mental agony of the young teenager girl, could be
well-imagined as she was raped by her real father---Single accused
having been nominated in the case, delay plausibly explained, was
natural and reasonable and did not damage the prosecution
case---Discrepancies and contradictions about time, were very trivial
and natural and did not affect the main version about the
occurrence---Defence plea taken by accused about relations of the victim
girl with a person, was baseless, unsubstantial and appeared rather
criminal---No cogent piece of evidence or any defence witness was
available to support said allegation---Deposition of victim girl found
full support from the testimony of her mother---Statements by both were
fully consistent in material particulars, rang true and inspired
confidence---Report of the Chemical Examiner as well as DNA report, had
lent corroboration---Real daughter would never charge her own father for
committing such a heinous offence, without any rhyme or
reason---Prosecution had proved its case against accused to the hilt,
keeping in view the gravity of the offence, accused deserved an
exemplary deterrent punishment---Accused, had been rightly convicted and
sentenced and impugned judgment called for no interference---Conviction
and sentence awarded to accused by the Trial Court, was maintained and
murder reference was confirmed and answered in affirmative. |
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