1

IN THE COURT OF SHAZIB SAEED, SESSIONS JUDGE,

DERA GHAZI KHAN.

Sessions Case No. 05 of 2020.

Sessions Trial No. 08 of 2020.

The State. Vs. Muhammad Jamil son of Ghulam

Sarwar, Caste Changwani, rIo
Leghari Wala Tehsil Kot Chhutta,
District Dera Ghazi Khan.

Accused.

FIR No. 593/ 2019 dated 29.10.2019.

Under Section 3 76 PPC.
Police Station Kot Chhutta, D. G. Khan.

JUDGMENT.

Accused Muhammad Jamil is facing trial in case FIR

No.593/2019 dated 29.10.2019 under section 376 PPC P.S Kot Chhutta
registered on the complaint of Faiz Muhammad son of Muhammad
Bakhsh PW regarding occurrence which took place on 26.10.2019 at
8:50 P.M. It is the case of complainant that his paternal grand-daughter
Mst. Sawaira Bibi daughter of Muhammad Khalil aged about 8/ 9 years
was student of class one of Govt. Girls Primary School Leghari Wala and
on 26.10.2019,Saturday, she went to school and after school hours she
was returning towards her house andreached near the land of
~
~ ~ Muhammad Jamil accused, he abducted Sawaira Bibi in the cotton crop
\ .=; _,g field and committed rape with her. Accused also threatened Sawaira
~ ~ ~ Bibi that if she
.....1
told this to anyone, he would done her to death with
"",...~ a

hatchet. Sawaira Bibi raised hue and cry but no one attracted as there
was no "Abadi" nearby. Sawaira Bibi returned to her house but did not
till to anyone. On 28.10.2019 on Monday, when her mother Razia Bibi
PW removed her clothes, she saw blood on her shalwar. On her query
Sawaira Bibi told her mother the entire incident. Razia Bibi took her to
complainant Faiz Muhammad where Muhammad Jamil and Muhammad
Younis PWs were also present and she also showed them blood-stained
shalwar. Faiz Muhammad PW inquired from Sawaira Bibi and she told
them the whole story. Thereafter they all went towards police station for
registration of case.
2. Police after requisite formalities submitted report under
section 1 73 Cr.P. C against the accused person. The accused was charge
sheeted on 31.1.2020 under two heads i.e section 364-A PPC and
 2

section 376 PPC to which accused pleaded not guilty and claimed trial.
Prosecution produced Dr. Muhammad Wasim Ashraf, Medical Officer,
THQ Hospital Kot Chhutta who conducted potency test of the accused.
The examination-in-chief of Dr. Misbah Sajjad, WMO THQ Hospital Kot
Chhutta and Maqsood Ahmad 1259/H.C were recorded on 26.2.2020
and cross examination was reserved on the request of defence. On
09.3.2020 an application was moved by learned counsel for the
complainant for amendment/ adding offence under section 506-B PPC in
the charge. This application was not opposed by learned defence counsel
and amended charge was framed and section 506-B PPC was added in
the charge. The plea of accused was again recorded to which he
pleaded not guilty and claimed trial. Evidence of the following PWs was
recorded afresh.
PW-1 Dr. Muhammad Wasim Ashra:.f, Medical Of(i.cer.
He conducted potency test of Muhammad Jamil accused
and his report is Ex.P.A.
PW-.2Maqsood Ahmad 1.259/H.C.
He is Moharrir/ Head Constable.
PW-3Tahira Bibi 1861/Lady Constable.
She got conducted medical examination of Mst. Sawaira
Bibi and after medical examination, Lady doctor handed over to her
MLC alongwith two sealed envelopes said to contain shalwar and
swabs for chemical and DNA analysis. She, produced said two sealed
envelopes before I. 0 Allah Ditta ASI which were taken into possession
vide recovery memo Ex.P.B.
PW-4Shameem Abbas Sanghi ASI.
He lodged FIR Ex.P. C.
PW•SDr. Misbah Sajjad, Woman Medical 0.f(i.cer.
She medically examined the victim Mst. Sawaira Bibi and
her medical examination report is Ex.P.D.

PW-6Faiz Muhammad.
He is complainant of this case.
PW-7Razia Bibi
She is real mother of victim Sawaira Bibi.
PW-BSawaira Bibi.
She is victim.
PW-9Allah Ditta ASI.
He investigated this case.
 3

3. On 13. 6.2020, learned DDPP for State gave up Muhammad

Jamil and Muhammad Younis PWs as un-necessary and he tendered in
prosecution evidence Forensic DNA and Serology Analysis Report
No. 0000645983 as Ex.P.E and closed the prosecution evidence.
4. Statement of accused under section 342 Cr.P.C was
recorded and all the incriminating material produced by the prosecution
was put to him and in answer to question why this case against him
and why the PWs have deposed against him and it was the stance of
the accused that he is innocent and PWs have deposed against him on
the basis of mere suspicion. He was not present at the place of
occurrence by the time of occurrence. Whole prosecution evidence
against him is against the facts and law. The accused however did not
opt to produce any defence evidence or to appear on oath under section
340(2) Cr.P. C.
The prosecution has produced the fallowing categories of
evidence:-
1. Ocular account.
2. Medical evidence.
3. DNA and Serology.
4. Investigation.
~ 5 Mian Khalid Mahmood learned DDPP for State assisted
~] § by learned counsel for the complainant Mr. Abdul Rehman Ahmad
1-- ~:;, . '\~
..t) Rizwan Khan Sadozai Advocate sum up the case of prosecution and
o ~. submit that the accused is well nominated in the FIR and is sole
......
~ ~ responsible for the entire occurrence. There is no eye witness except the
.
ti')
statement of victim. Submits that the evidence of complainant Faiz
Muhammad, Razia Bibi PW mother of victim are relevant in terms of
Article 20 of Qanoon-e-Shahdat Order 1984. Submits that there are no
marks of violence on the body of victim due to reason that victim is of
very tender age 8/ 9 years old and accused threatened victim that if she
told this incident to anyone she would be done to death with hatchet.
Submits that it was due to fear victim did · not infarm about the
occurrence to anyone. Argued that the charge of extending threat of life
was accordingly framed and the prosecution has been able to prove that
the accused extended threats to the victim at the time of occurrence.
Submits that the accused and victim were well acquainted with each
other as the land of the accused was just opposite to the Primary school
of victim and the victim used to pass on a passage leading towards her
house in front of land of the accused, therefore, the victim was well
 4

acquainted with the accused. Submits that I. 0 during his first visit at
the spot observed the presence of cotton crop in the field. Submits that in
our culture no father, mother or other relative will put the future of minor
girl at stake by leveling false allegation against anyone. Submits that
DNA report is not negative and all the vaginal swabs taken from the
body of the victim were blood stained and human blood was found.
There is no iota of evidence that the complainant has personal grudge or
previous enmity with the accused and therefore there is no elements of
false implication of accused in this case. Argued that there are material
and relevant facts in this case i-e rupture of hymen, observation of the
WMO, DNA report and lastly finding of the I. 0 that there is sufficient
material available against the accused and the accused has committed
gave offence, therefore, he be punished accordingly so that it serve as
deterrence for others.
6 On the other hand, learned defence counsel Syed
Muhammad Ali Bukhari Advocate argued that written application for
registration of FIR_,was submitted and I. 0 completed police proceedings
at 7:45 P.M whereas victim was examined at 11 :00 P.M. Submits that in
·~
.~ S history column of MLC, the victimand her mother had not disclosed the
\ ~:,~ name of accused which is also reflected from the cross-examination of
~ ~; ~. Lady doctor and this piece of evidence is un-rebutted. No information
~·~ P was provided to doctor about the accused when the victim was
~ medically examined and brief history was recorded. Submits that the
identification of the accused has become doubtful in this scenario.
Submits that the identity of the accused is also not established from the
medical evidence.Argued that DNA test is exact science to pin point the
identity of accused. Argued that I.O arrested the accused and recorded
his first version and at that time accused raised plea that he is innocent
and he is ready for DNA test which shows that the accused has been
involved in this case mere on suspicion. Submits that I. 0 had not
conducted investigation properly as no admission or attendance record
"'\

of the school WNJrlJlfd viz-a-viz victim has been collected during

investigation. I. 0 had not recorded the statement of any school teacher
or school staff to ascertain whether the victim was present in the school
on the day of occurrence. No title documents of land of Muhammad
Jamil accused were collected by the I. 0 during investigation. Further
argued that the place of occurrence is doubtful and site plan has no
significance as it was not prepared on the pointation of victim. Submits
that the ocular account is not getting corroborating from any piece of
 5

evidence produced by the prosecution. No bruise, abrasion, no stain of

mud on knees, elbows, no marks of violence were present on the body
or clothes of the victim. Submits that neither Muhammad Jamil
accusedis relative nor immediate neighbourertJ, of complainant and
I

therefore the case of the prosecution is pregnant with serious dents and
doubts, therefore, the accused may be acquitted from the charges in this
case.
7. I have heard the arguments advanced by learned counsel
for the parties and perused the record.
8. Allah Ditta SI is the investigating officer of this case. On
29.10.19 he was present at Leghari Bridge, Faiz Muhammad
complainant submitted an application Ex.PFbefore him. At that time
.I
complainant was accompanied by victim. Faiz Muhammad complainant
produced the victim and her blood stained shalwar before him.He
prepared injury, statement Ex.PD/1, recorded the statements of Tahira
Bibi lady constable, victim Sawaira Bibi and her mother under section
~ 161 Cr.P.C. Victim was sent to THQ Hospital Kot Chhutta alongwith
~ ~ lady constable Tahira Bibi, Razia Bibi and blood stained shalwar for
~~
~\ ~medical examination.
1
• Thereafter he came at the spot with the
~ .~~omplainant, Muhammad Jamil and Muhammad Younis PWs. He
· ~ ~ inspected the spot and prepared rough site plan Ex.P.G. He recorded
the statements of witnesses namely Muhammad Jamil and Muhammad
Younis u/s 161 Cr.P.C. After medical examination, Tahira Bibi lady
constable, victim and her mother appeared before him. Tahira Bibi lady
constable produced before him two sealed envelopes; one containing
swabs and second containing blood stained Shalwar. She also
produced before him copy of MLC. He took two sealed envelopes into
possession vide recovery memo Exh.PB. Shalwar is P-1. The recovery
memo was attested by the witnesses. After that he returned to police
station and he entrusted the case property to the Moharrir for keeping
the same in Malkhana in safe custody. He started the search of accused
Muhammad Jamil. On 30.10.2019, he arrested Jamil accused from the
vicinity and secured five days physical remand of accused from learned
Area Magistrate for DNA test. He also got conducted medical
examination regarding potency of accused through an application
Ex.P.A. After the examination of accused, he took accused, victim and
two sealed parcels to the PFSA Lahore for DNA test. On 31.10.2019,
DNA test was conducted in PFSA and he also deposited the parcels
there. He recorded the statement of Moharrir u/ s 161 Cr.P. C and on
 6

4.11.2019, got sent the accused to judicial lock up and got prepared
report u/ s 173 Cr.P. C through SHO on 5.11.2019.
9. Victim was medically examined by PW-5 Dr. Misbah Sajjad
on 29.10.2019. When she examined she was vitally stable. She found
no congenital, physical, mental abnormality. There was no sign or effect
of intoxication. There was No mark of injury/ violence seen on whole
body. On Gynacological Examination she found Hymen was ruptured
and blood was present. Vagina was one finger tight. She secured 04
swabs,
1. External vaginal swabs.
2. High vaginal swabs for chemical analysis.
3. High vaginal swabs for DNA analysis.
4. Trouser stained with blood and secretions.
Ex.P.D is MLR. Specimens were handed over to Tahira Bibi 1861/L.C. It
was her final opinion after receiving Forensic DNA and Serology Report
Ex.P.E and on the basis of her medical examination report that rape
was committed with Sawaira Bibi victim.
~ 10. First of all I will discuss the ocular account. Prosecution has
~ -g produced Victim, her mother and grandfather. According to defense the
~ ¥7'-'.~ evidence of Faiz and Razia PWs is hearsay as they had not seen the
~ :~(!)•occurrence. According to prosecution the evidence of these witnesses is
\-'' p.
~ '.t~ relevant in term of article 20 QSO 1984. The star witness of prosecution
·j)
is Sawaira Bibi. She is aged about 8 years. Before recording her
statement I had conducted inquiry in order to determine her competency
as a witness. I had asked fallowing question:
Q. What is your name?
Ans. Mst. Sawaira.
Q. In which class you study.
Ans. Class one.
Q. Who is founder of Pakistan.
Ans. Quaid-e-Azam.
Q. If someone tells lie whether he/she will be awarded Jannat
or thrown in hell?
Ans. He will be thrown in hell.
From her answer to question NO 4 one can imagine her
competency to depose in terms of Article 3 of the QSO 1984. She
remained calm and answered the defense questions is a very confident
manner. I had recorded the evidence of the victim and avoided her eye
contact with accused. Accused was in jail and with his consent and
 7

learned counsel for the parties his attendance was secured through
video link. Accused had watched entire court proceedings but he had no
eye contact with the victim at the time of recording of her statement. All
un-concerned were directed to go outside the court room and conducive
environment was provided to victim to state her case and she spoke and
spoke with confidence and clarity. She had stated how she was raped
by accused on 26.10.2019 and he threatened her to kill her with hatchet
if she disclosed this to anyone. When her mother removed her clothes on
28.10.2019 she observed blood on her shalwar and she inquired from
her and she narrated the incident to her mother. Her mother took her to
Faiz her grandfather and showed him blood stained shalwar. Faiz also
inquired from her and victim told him the incident. Defense is of the view
that the identity of the accused is doubtful and he was not relative or
neighbourer11" of complainant. She had admitted that she had seen the
accused's house. Victim had stated in categorical terms that she told the
occurrence to her mother and her grandfather. Both Razia Bibi mother
and Faiz grandfather appeared as witnesses and they deposed that
i~ victim told them the entire episode of rape and they stated in their
"'g § examination in chief what victim told them. There is no missing link.
~ ,..t:!
\.... ~. Their evidence cannot be termed as hearsay as chain is complete. Victim
t"' <:.A:>
.§~told them and she stated that in her evidence. Both other PWs stated
(lj c
~ that they were told about the occurrence by the victim and they stated
that in court. The chain of event is complete. There evidence is relevant
and direct. I will rely of 2018 PCR.LJ 841 wherein under same
circumstances it was observed as follows:

".. The referred witness stated in examination-in-chief that

Tayyaba Bibi told her that Mst. Maheen Zafar has hit her. The
learned defence counsel objected to the statement of PW-4 on the
ground that the same is hearsay. However, there is an exception
to the referred principle which is referred as res gestae under the
same if the victim infarmed someone immediately about the
occurrence and had no time to meditate or make up things then
the same is admissible in evidence as exception to hearsay.
Reliance is placed on cases reported as "Faqir Muhammad v. The
State" (PLD 1971 Lahore 929) and "Sameeullah Khan v. The
State" (2000 MLD 1290). In the said case the doctrine of res
gestae was explained in the following manner:-

"7. This is a case which fully attracts the rule of 'Res gestae '. The
Res gestae rule is that where a remark is made spontaneously
and concurrently. It is defined as a matter incidental to main fact
and explanatory of it, including acts and words which are so
closely connected therewith as to constitute a part of transaction
 8

and without a knowledge of which main fact might not be

properly understood. They are events themselves speaking
through instinctive words and acts of participants; circumstances,
facts and declarations which grow out of main fact are
contemporaneous with it and serve to illustrate its character. Res
gestae includes everything that may be fairly considered as an
incident of even under consideration. It carries with it hinerently a
degree of credibility and will be admissible because of its
spontaneous nature. 'Res gestae' means literally thing or things
happened and, therefore, to be admissible as exception to
hearsay rule, words spoken, thought expressed and gestures
made must all be so closely connected to occurrence or event in
both time and substance as to be a part of the happening. It is a
spontaneous declaration made by a person immediately after an
event and before the mind has an opportunity to conjure a false
story. It represents an exception to the hearsay rule.

8. Res gestae is a concept which as a matter of principle is

employed in the English system of administration of criminal
justice under the name of 'res gestae'. In our system of
administration ofjustice, Article 19 of Qanun-e-Shahadat (P. 0. No.
10 of 1984) corresponding to section 6, of the Evidence Act of
1872, is an enacted provision of law under which statement made
~~ immediately after the occurrence under the influence of occurrence

i ~~
in order to characterize it and connecting therewith would be
,,, ~- admissible under this Article as 'res gestae' evidence."
'5,._ \$ "'.
·~ P The testimony of these two witnesses cannot be termed hearsay.
~
ifl They were cross examined in brief only 2/ 3 questions. Their statements
are lending corroboration to the statement of victim.
11. About testimony of child witness Hon'ble Supreme Court is
case reported in PLD 2020 Supreme Court 146 has observed as
follows:

".... Essential conditions for a child, or for any person, to appear

and testify as a witness, under Art.3 of the Qanun-e-Shahadat
Order, 1 984 was that the child or the person must have the
capacity and intelligence of understanding the questions put to
him, and also be able to rationally respond thereto---Such
threshold was referred to as passing the "rationality test"
and the practice that had developed with time was for the same
to be carried out by the presiding Judge prior to recording the
evidence of the child witness. Supreme Court observed that the
"rationality test", which was applied by the presiding Judge at
the commencement of the examination-in-chief of a child
witness, should be made applicable throughout the testimony of
the child witness; that if at any stage, the presiding Judge
observed any hindrance or reluctance in the narration of events,
the evidence should be stopped, and remedial measures should
be taken to ease the stress and anxiety the child witness might
 9

be under, and if required, the case be adjourned to another

date; and, that in case the child witness was still unable to
narrate his testimony with ease, then the presiding Judge ought
to record his findings on the demeanor of the child witness,
conclude his evidence, and relieve him as a witness"
It was further observed that in cases where a child witness was
also the victim of the crime and was unable to depose in the court
room, and his evidence was "necessary" to find the truth, and the
same had a ring of "circumstantial trustworthiness" attached
therewith, the Courts may consider the out-of-court evidence thereof,
as an exception to the "hearsay rule" and that great care was to be
taken to ensure that child witnesses were able to depose their
testimony at ease, by taking measures in the court room to lessen
their stress and anxiety of court-room appearances in such a tender
age; that such measures included child witness aid in testifying,
screens in court rooms, closed courtrooms and counselor aid before
and after recording of evidence; that it was expected that respective
governments would appropriate legislative and administrative
,~ measures for ensuring the much needed protection and facilitation of
"'O ;:
.. 2; ~child witnesses. Sawaira is not a child witness rather she is victim ,of
~ if! ~this case. Her evidence rings truth. Her statement is getting
I' -~ 0,corroboration from medical evidence. Her hymen was ruptured and
· ~ there was presence of blood. She was bleeding for two days. The
report of DNA is not negative as it has not excluded the accused. No
seminal material was found on vaginal swabs therefore no DNA was
conducted. However human blood was found on all the vaginal
swabs. This itself corroborates and lend support to what victim has
stated in court.

12. Another aspect in this case is that this case is not

investigated by female police officer. In 2020 SCMR 761Hon'ble
I'
Supreme Court has taken serious note of this. That was a rape case
and it was observed that the investigation was handed over to a male
police officer. Senior Superintendent of Police (Investigation) was
directed to explain why this was done. State submitted "Standard
Operating Procedure (SOP) for Investigation of Rape Cases" dated
20th August 2013 ("SOP"). The SOP was issued by the Investigation
Branch Punjab, Lahore to the following:

i) All Regional Police Officer, in Punjab

ii) Capital City Police Officer, Lahore

 10

iii) All City Police Officer, in Punjab

iv) All District Police Officer, in Punjab
v) All District Heads of Investigation in Punjab
Clause 2 (iii) of the SOP states as under:
"Investigation of the female Rape case shall be conducted
preferably by a woman police officer (not less than ASI/ SI). In
case, sufficient number of such I. Os are not available in a police
station, the CPO/ DPO of the district shall depute such an officer
from elsewhere."
Clause 3 of the said SOP is reproduced hereunder:
"i. The victim should be handled with utmost sympathy and
sensitivity. The behavior towards women victim should be
courteous. No embarrassing or indecent questions should be put
to her as she is already under shock/ trauma.
ii. While talking to the victim, her psychology should be
observed carefully and eliciting of information should be done in
such a manner that she remains cool and calm. Proper account
of the incident should be recorded in plain and simple language
as early as possible in the informant's own words. If the
complainant while making oral report suspects or alleges
against a particular person, the ground on which suspicion is
bases be ascertained tactfully.
iii. The lady investigation officers should be very cautious while
talking to the victim. DCO of the district would be requested to
arrange help of female psychologist/psychiatrist as she can be
of immense help in bringing out the victim from trauma and
preparing her to cooperate with the investigation agency.
iv. The victim as well as the accused person(s) should be sent
for medical examination after preparing the injury sheet by the
I. 0. Details of injuries/ scratches, bruises and nail marks, if
any, on their body should be clearly mentioned in the injury
sheet.
v. A rape victim above 18 years of age can only be examined
after her written consent and a rape victim under 18 years of
age can be examined only after a written consent from her
parents/ guardians.
vi. The victim should be medically examined only by a lady
doctor.
vii. The victim should not be called at the Police Station, I. 0.
should visit to the victim's house for ascertaining facts in the
presence of her relatives/family members.
viii. Efforts should be made to get the statement of victim
recorded under section 164, Cr.P. C. at the earliest. (2013 SCMR
203)"
Hon 'ble Supreme Court showed concern why the SOP are not
 11

being abided by. DPG on behalf of the province statedbefore the

/
August Court that he will direct the Additional Inspector General of
Police (Investigations) to ensure that it is and fresh copies will be sent
to all the police stations in the province together with its Urdu
translation so that all concerned are aware of the SOP and abide by
it. Supreme Court directed the Additional Inspector General of Police
(Investigations) to do as stated by the learned DPG. These SOP were
not abide by the police. It had not affected the merits of the case but
things must have been done in manner prescribed by law.

13. I will rely on 2020 SCMR 590. In that case victim was
examined on the day of the crime by a lady doctor, who testified that
there were some marks of violence on the victim: nail marks on her
right and left cheeks and swelling on her right forearm, suggesting
that the victim was forced and restrained; and that, "the presence of
human sperm in internal vaginal swabs constitutes the likelihood of
sexual intercourse". Victim herself testified about the sexual assault
on her by the accused persons, but was not cross-examined on this
part of her testimony. No suggestion was put forth to the effect that
the complainant or the victim had any animosity or ill will against the
accused persons. Conviction and sentences of accused persons were
maintained and petition for leave to appeal was dismissed. It was
further held that lack of DNA report was not sufficient to secure
acquittal where there was substantial corroboratory evidence to
secure conviction beyond reasonable doubt.

14. In 2018 MLD 1164 evidentiary value of evidence of rape

victim was discussed. It was held that marks of violence not necessary
to prove rape. Victim remained consistent on all material facts in her
statements given to her parents on the day of incident, in the FIR, in the
one statement recorded under S. 164, Cr.P. C. before a Magistrate and
then in her testimony given during the trial. Victim, in her cross-
examination, had been honest and upright and had made no attempt to
improve her case; she was examined three days after the incident and
the Medical Officer concluded that the hymen was tom and bleeds to
touch and that the victim had been subjected to sexual intercourse in the
past four days. Medical report showed that the victim was not used to
sexual intercourse. Vaginal swab was taken which detected human
sperm and blood. Accused had alleged that there was no independent
witnesses to the incident. It was held that rape was a crime that was
often committed in private, where there was no witnesses to corroborate
 12
.
the claim made by a victim. If the necessity of eye-witnesses was
mandatory, no perpetrator would ever be convicted. In that case DNA
test was not conducted to establish nexus with the sperm found, but the
solitary statement of victim, which was confidence inspiring was held
sufficient to award conviction. Circumstances established that accused
committed rape with the complainant.

15 Defense has laid much stress that identity of accused is

not established from ocular account as well as from DNA test. Victim
was clear in her testimony about the identity of the accused. She had
stated that she had seen the house of accused. As per site plan house
of accused is just opposite the school where she was studying. She
had stated in categorical terms that accused had committed rape and
after that he threatened him. Lady Doctor was convinced that rape is
committed with that girl. It matters nothing that name of accused is
not mentioned in the MLC. It will not overweight the testimony of
~~ victim. Substitution in rape cases, especially when victim is 8 years
~~ old is very rare especially when there is no previous enmity. Accused
~ 7) '-'. has simply denied the allegation. He has taken no defense.
·t,P
t ~ 16. Although SOP for investigating rape cases was not
followed but it is not the faulty of the victim. She and her family had
shown courage and after crossing so many barriers and approached
the court of law. Victim has stated her case with clarity and pin
pointed the accused who raped her, how and where he raped her.
She successfully passed the rationality test and declared by this
court competent witness to testify. Her statement is getting
corroboration from medical evidence, statement of her mother and
grandfather and rings truth. She was extended threats and she kept
mum for two days. She kept on bleeding for two days. She was
bleeding when she was medically examined. Her hymen was
ruptured. She was only 8-years of age and the things she went
through took away her innocence and made her mature. It matters
nothing that I. 0 made lapses in investigation that he did not
associate victim when he prepared site plan or he failed to collect
attendance or admissions school record.

1 7. The testimony of victim is enough if it rings truth. I am of

the view that victim has stated with clarity inspite of her young age.
She was confident when provided conducive environment in the court
at the time of her statement. Learned counsel for the complainant has
 13

referred medical jurisprudence and toxicology by }aising Modi and

submits that in small children the hymen is not usually ruptured but
may become red and congested alongwith the inflammation and
bruising of the labia. If considerable violence is used there is often
laceration of the fourchette and the perineum and has relied on 2019
MLD 1610, 2020 SCMR 590, 2017 P.Cr.L.J 452, 2016 P.Cr.L.J 1848,
2015 P.Cr.L.J 1633.

18. Accused has taken no defense rather pleaded his

involvement based on suspicion. In rape case where victim is minor
substitution is rare phenomenon. Defense of accused is not worth to
rely upon and is discarded.

19. Prosecution has proved its case against the accused

beyond any shadow of doubt. First of all I will take up first head of
'th~ charge under section 364-A PPC. The accused as per site plan had
taken the victim from point 2 to point 1 and the inter-se distance is 50
~
~ ~ meters to take the victim to a nearby place in the same vicinity for
~ ..~ rape only at few paces away will not constitute a separate offence
VI)~
~ 75 t.S under section 364-A PPC as this act of the accused constitute section
~
$'
·~ .
~ 0376 PPC, therefore, I will drop the charge under section 364-A PPC as
Vl the taking of the minor only a few paces away is to be included in the
charge under section 376 PPC. Therefore, the prosecution has not only
proved the case against the accused person under section 3 76 PPC
but also section 506-B PPC for extending threats of life to the victim
for not disclosing the episode of rape to anyone, therefore, I find the
accused guilty under these two offences and convict him as such.

20. Accused has committed rape of a minor girl aged about 8-

years. Section 376 PPC was amended by Acts XLIV dated 22.10.2016
and section 376 (3) was added which provides that whoever commits
rape of a minor or a person with mental or physical disability shall be
punished with death or imprisonment for life Therefore, accused
Muhammad Jamil is found guilty in offence under section 376 (3) PPC
and he is convicted as such. He is sentenced to imprisonment for life
and fine of Rs.5,00,000/-. In terms of Section 545 (b) Cr.P.C, the
whole fine recovered from the accused shall be paid to the victim as
compensation for mental anguish and psychological damage caused
by the offence of rape committed by the convict. While doing that I am
seeking guidance from PLD 2015 Lahore 512.In case of default of
payment of fine, he shall further undergo S.I for Six Months. Accused
Muhammad Jamil is also found guilty and convicted under section
 14

506 PPC as he has extended threats to cause death of the victim and
he is sentenced to imprisonment for seven years R.I. Both the
sentences shall run concurrently. Convict Muhammad Jamil is also
extended benefit of Section 382-B PPC. Convict Muhammad Jamil has
given copy of judgment free of cost. Case property be dealt with in
accordance after the expiry of period appeal, if any. He is in custody.
He is sent to jail alongwith sentence warrant to serve the sentence.

Announced.
18.6.2020. Shazib Saeed,
Sessions Judge,
Dera Ghazi Khan.

Certified that this judgment consists of 14-pages and

each page has been dictated, corrected and signed by me.
9~.
18.6.2020. azib Saeed,
Sessions Judge,
Dera Ghazi Khan.