(a) Offence of Zina (Enforcemeni of Hudood) Ordinance (VII of 1979)---
--S. 10(3)-- Anti-Terrorism Act (XXVII of 1997) S.7(c)-Zina-bil Jabr--Appreciation of evidence---Victim girl aged three years had pointed towards the accused present in Trial Court as the culprit and stated what he had done to her---Version of the minor victim was corroborated by medical evidence---Victim was not cross-examined and no objection was raised on any material point despite opportunity having been given to the defence, which amounted to acceptance of her statement---Sole testimony of the victim girl being natural, reliable, satisfactory and confidence inspiring, was enough for conviction-- Father and mother of the victim though were not eye-witnesses of the occurrence, yet they had given details of the facts narrated to them by her---Veracity of both these witnesses was not shattered during cross examination and their statements had not only corroborated each other, but the same were also corroborated by medical evidence and report of the Chemical Examiner, according to which the vaginal swabs were found stained with semen---Complainant had not straight away nominated the accused in the F.l.R., rather he had done so after having come to know about him, which showed honesty of the complainant---Accused had failed to establish his false implication in the case---Accused had committed a heinous offence with a minor girl of three years in a brutal manner, which had not only pained, shocked and traumatized her, but had also left a stigma on the family and accused deserved no leniency---Conviction and sentence of accused were upheld in circumstances. [pp. 9, 10, 11, 12, 13] A, B, E, F, G, J & K Full Judgement |