22/07/2026
IN THE LAHORE HIGH COURT, LAHORE
JUDICIAL DEPARTMENT
Crl. Appeal No.20513/2021
(Abid Ali vs. The State and another)
Crl. Appeal No.20738/2021
(Shafqat alias Bagga vs. The State and another)
Crl. Appeal No.26164/2021
(The State vs. Abid Ali and another)
Capital Sentence Reference No.03-T/2021
(The State vs. Abid Ali and another)
JUDGMENT
Date of hearing: 03.06.2026
Appellant Abid Ali
by: Mr. M. Sher Gul Qureshi, Advocate.
Appellant Shafqat alias Bagga by: Ch. Muhammad Qasim Arain, Advocate.
State by: Ms. Rahila Shahid, Deputy Prosecutor General.
TARIQ MAHMOOD BAJWA, J.:- Through this single judgment, we intend to decide Crl. Appeal No.20513/2021 titled: ‘Abid Ali vs. The State and another’, Crl. Appeal No.20738/2021 titled: ‘Shafqat alias Bagga vs. The State and another’, Crl. Appeal No.26164/2021 titled: ‘The State vs. Abid Ali and another’, as well as Capital Sentence Reference No.03-T/2021 titled: ‘The State vs. Abid Ali and another’, as these are arising out of one and the same judgment dated 20.03.2021 (hereinafter ‘the impugned judgment’), passed by the learned Judge Anti-Terrorism Court-I, Lahore/Camp at District Jail, Lahore
(hereinafter ‘the trial court’).
2. Abid Ali son of Akbar Ali, Caste Jatt, resident of Chak
No.160/HR, Tehsil Fort Abbas, District Bahawalnagar and Shafqat Ali @
Crl. Appeal No.20513/2021
Crl. Appeal No.20738/2021
Crl. Appeal No.26164/2021
Capital Sentence Reference No.03-T/2021
(2) Bagga son of Allah Ditta, Cate Muslim Sheikh, resident of Chak No.192/7-
L, Tehsil Haroonabad, District Bahawalnagar (hereinafter ‘the appellants’)
were implicated in case F.I.R. No.1369/2020, dated 09.09.2020, registered
under Sections 365-A, 392, 376(ii), 427, 201, 34, 337L(ii), 337F(i) of the
Pakistan Penal Code, 1860 (hereinafter ‘PPC’) and Section 7 of the AntiTerrorism Act, 1997 (hereinafter ‘ATA’) with Police Station Gujjer Pura,
District Lahore. The trial court seized with the matter vide the impugned
judgment, convicted and sentenced the appellants as under:-
➢ Under Section 376(ii) PPC, Both appellants were convicted and
sentenced to Death. They were ordered to be hanged by their necks
until they are dead.
➢ Under Section 365-A PPC, Both appellants were convicted and
sentenced to imprisonment for life and properties of both the
convicts/appellants were ordered to be forfeited in favour of State.
➢ Under Section 392 PPC, Both appellants were convicted and
sentenced to imprisonment for 14 Years RI with fine of Rs.2-lac and
in default of payment of fine, each convict shall undergo six months
S.I.
➢ Under Section 440 PPC, Both appellants were convicted and
sentenced to Five years R.I, each with fine of Rs.50,000/- each and
in default of payment, each convict shall further undergo six months
S.I.
➢ Under Section 337F(i) PPC, Both appellants were convicted and
sentenced to pay Daman Rs.50,000/- each to the victim.
➢ Under Section 337L(2) PPC, Both appellants were convicted and
sentenced to pay Daman Rs.50,000/- each.
➢ All sentences were ordered to run concurrently and benefit of
Section 382-B Cr.P.C. was extended to each convict.
3. The prosecution story of the case mentioned in the FIR
(Exh.PA), lodged on the basis of complainant’s (PW-35) application for
registration of FIR (Exh.PA/1) is that on 09.09.2020 at about 3:00 a.m., the
complainant, Sardar Shahzad (PW-35), received a call from his close
relative, Mst. Sana (Pseudonym) (PW-32/victim), informing him and
conveying her location that her vehicle had stopped due to shortage of fuel.
The complainant advised her to contact the Motorway Police Helpline (130)
and immediately set out from Gujranwala along with his friend Junaid (since
given up). At about 4:00 a.m., they reached the indicated location where they found the driver's side window pane of the vehicle broken, blood stains
visible on the door, and the vehicle otherwise abandoned. Alarmed by the
situation, they commenced a search for the victim and shortly thereafter
noticed her approaching with her children from a ‘katcha path’ situated
between the motorway and the adjoining jungle. The victim disclosed that
while she was waiting for fuel, two unknown persons, armed with a pistol
and a danda, arrived at the scene, smashed the vehicle's window, forcibly
dragged her and her children out of the car, and took them into the nearby
jungle where she was subjected to r**e by both assailants one after the other.
She further alleged that the culprits decamped with her handbag containing
cash amounting to Rs.100,000/-, two gold bangles, one bracelet, the
registration book of the vehicle, and three ATM cards.
Upon completion of the investigation, a report under Section173 Cr.P.C. was duly prepared and submitted before the learned trial court.
The trial court formally indicted the appellants to which they pleaded not
guilty and claimed trial. During the trial proceedings, the prosecution
produced thirty-seven (37) prosecution witnesses in support of its case.
Following the prosecution’s evidence, the statements of the appellants as
required under Section 342 Cr.P.C. were recorded. In their statements, they
pleaded their innocence and refuted all the allegations made against them in
the prosecution evidence. Upon the completion of the trial, the trial court
convicted and sentenced the appellants as mentioned and detailed above.
5. We have heard the arguments advanced by learned counsel for
both sides and perused the record available on the file.
6. The occurrence has taken place on 09.09.2020 at about 3:00
a.m. and the FIR was registered at 10:10 a.m. on the same day. Considering
the traumatic nature of the occurrence, the nightmare suffered by the victim,
the time consumed in tracing and rescuing her, and the subsequent reporting
process, the intervening distance between the place of occurrence and police
station, the FIR was lodged with reasonable promptitude. Such prompt
reporting lends assurance to the prosecution version and unmistakably reflects the spontaneity, immediacy and urgency with which the occurrence
was brought to the notice of the relevant police, leaving no room for deliberation, consultation or fabrication.
7. ‘Victim’ is not merely the word of six letters rather in the
offences relating to the sexual assault, is the body, with whom detestable and
abominable sexual act was committed, therefore, the solitary statement of
the victim is sufficient to uphold a conviction, provided it is trustworthy,
confidence-inspiring, and corroborated by other evidence. The second
source of Islamic Law, also recognized/endorsed it. It is provided at page 12
(v) of the book “Islamic Law of Evidence” authored by Dr. Anwarullah,
Senior Advisor, Federal Shariat Court of Pakistan, published in 1994 by
‘Shariah Academy, International Islamic University, Islamabad.’ as under:-
“Proof of r**e. According to some jurists if a woman was subjected to zinā by force whether through abduction or otherwise her single testimony as victim will be sufficient proof for the offence of the offender and he shall be liable to hadd of zinā or any other grave punishment and she shall not be punished at all. It is based on the hadith of the Holy Prophet related on the authority of Wa'il Ibn Hajar who stated that a woman was going to mosque for her morning prayer in the period of the Holy Prophet. While she was on the way in darkness that a person met her and made sexual in*******se with her forcibly and then ran away. She was there when a person came to her and she told him the incident. He went in search of the culprit. Meanwhile some other persons came to her and she related the incident to them. They also went in
search of the actual culprit. On the way they met the first man who was also searching the actual culprit but was in terrible condition. They caught him and brought him to the woman. She confirmed that he is the same person who committed sexual in*******se with her forcibly. Then they all came to the Holy
Prophet. The Holy Prophet said to him, "Have you committed this offence?" He remained silent. The woman admitted before the Holy Prophet that this is the same person who made illicit sexual in*******se with her. The Holy Prophet ordered to stone him to death. However, such testimony must be supported with other corroborations failing which the accused shall not be
punished with hadd.”
It is settled principle laid down by the Law as well Courts that in such cases,
multiple witnesses are not required rather the testimony of the victim, if
Abu Dawud, Al Sajistani, Sulayman, Al-Sunan, 388. found credible and supported by medical and forensic evidence, carries significant probative value. Reliance in this respect is placed on “Ibrar Hussain and others versus The State and another” (2007 SCMR 605) and Haris Ali versus Muhammad Shabbir and another” (2026 P Cr. LJ 526).
8. The pivotal question that arises for determination is as to how
the appellants were brought within the net of suspicion and ultimately
connected with the commission of the offence. The answer lies in a seamless
chain of scientific and investigative evidence, each link reinforcing the
other. Rizwan Khan, Incharge Crime Scene Unit, Punjab Forensic Science
Agency (PW-7), while processing the crime scene, observed blood stains on
the exterior side of the driver’s door of the victim’s vehicle and collected
blood swabs for DNA profiling. These swabs were duly forwarded to the
Punjab Forensic Science Agency for forensic examination. The investigation
thereafter achieved a decisive breakthrough when Qazi Laeeque Ahmad,
Junior Forensic Scientist (PW-23), testified that the DNA profile generated
from the blood recovered from the vehicle was searched against the PFSA
DNA database and was found to match the DNA profile of appellant Abid
Ali. The source and authenticity of that DNA profile were independently
established through the testimony of Waseem Ahmad, Junior Forensic
Scientist (PW-22), who deposed that appellant Abid Ali's DNA profile had
previously been generated and preserved by PFSA in connection with FIR
No.264/2013 dated 19.06.2013, Police Station Fort Abbas, District
Bahawalnagar. Thus, the blood recovered from the very scene of occurrence
scientifically and unequivocally connected appellant Abid Ali with the
crime. This crucial forensic lead became the starting point of the
investigative trail. Muhammad Asif, SI/Investigating Officer (PW-34),
thereafter obtained the Call Detail Record of appellant Abid Ali and on its
examination observed that on the fateful day the same was in constant
contact with mobile number 0305-7520487. Although the SIM stood
registered in the name of Allah Ditta, investigation revealed that it was
actually being used by his son, Shafqat alias Bagga, the co-appellant. In this
manner, the investigation progressed from a scientific DNA match at the
crime scene to the identification of appellant Abid Ali and thereafter to the
discovery of his nexus with appellant Shafqat alias Bagga. The implication
of the appellants, therefore, was neither accidental nor the product of
guesswork; rather, it emerged through a logical, objective and unbroken
chain of circumstances commencing with forensic evidence recovered from
the scene and culminating in the identification test/parade and linkage of
both appellants.
9. Before re-assessing the testimony of the victim on the
touchstone of the criticism raised by the learned defenders, it is not out of
place to mention here that the victim is an educated lady holding a Master's
degree in English. The victim Mst. Sana (Pseudonym) (PW-32/victim)
appeared before the Court and gave a vivid, natural and confidence-inspiring
narration of the incident. According to her, on the motorway her car was
stopped being ran out of fuel, both accused/appellants attracted from the
front side of her vehicle while its lights were on, and as she and her children
were being forcibly taken towards the jungle, a passing vehicle illuminated
the area with its high beams. Thus, the defence contention regarding absence
of light is devoid of substance and the possibility of mistaken identity stands
effectively ruled out, particularly when no suggestion was put to her that the
lights of her vehicle were not functioning or were switched off at the
relevant time. The exact words from her examination-in-chief are as under:-
“When my call was picked by the officials of emergency No.130
and I disclosed to them that fuel of my car has been ran out. I was
waiting for help. Meanwhile two unknown accused persons came
there from front side of the vehicle (At this juncture PW pointed
out towards the accused who are present in accused box and
maintained that said accused persons are those accused persons
who came in front of the vehicle and for this purpose screen was
removed for a moment and again installed. PW is claded in abaya
and she is also wearing a face mask). One of the said accused was
armed with pistol (at this juncture PW pointed out towards Abid
accused and maintained that he was having pistol in his hand at the
time of occurrence and PW pointed out towards Shafqat accused
and maintained that he was armed with Danda). They forcibly
asked me to come out of my vehicle. Accused person armed with
pistol broke down the window pane of driver side of my vehicle
(PW pointed out towards Abid accused and maintained that he is a
person who broke the window pane) and accused persons took out
my hand bag on gun point from my vehicle containing cash Rs.1-
Lac, two gold Kara, a bracelet, registration book of the vehicle,
Identity card and three ATM Cards. Accused present in the court
forcibly took out me and my children from the vehicle. Meanwhile,
a vehicle having high beam passed from there. I asked for help but
he did not stop. Accused having pistol indulged in assaulting me
and my children (PW pointed out towards Abid accused) whereas
accused armed with Danda took my children towards jungle after
crossing the barrier of motorway (PW pointed out towards Shafqat
and maintained that he took my children towards jungle). Then
accused forcibly took me and my children in the jungle where
accused armed with pistol asked me to remove my clothes and I
refused but he threatened that if did not remove my clothes they
will kill my children (At this juncture PW pointed out towards
Abid and maintained that he intimidated me and asked me to
remove clothes). Consequently I removed my clothes and accused
armed with pistol committed r**e (PW pointed out towards
accused Abid) with me and handed over his pistol to accused who
was armed with Danda and he put pistol on the heads of my
children, thereafter, the person armed with Danda (PW pointed
towards accused Shafqat) committed r**e with me whereas the
first person took pistol from him and pointed out towards my
children. Thereafter once again the first person committed r**e
with me. (PW pointed out towards Abid and maintained that he
committed r**e twice and pointed towards Shafqat and maintained
that he committed r**e one time. Meanwhile Dolphin police and
my relatives who came there and I disclosed all these facts to the
police officials of dolphin and requested the police that her
matrimonial life and lives of her children are in danger so my
identity will not disclose and accordingly he concealed my
identity....”
(Underline has been supplied for emphasis)
It is quite understandable that, upon encountering and noticing a young
woman accompanied by her minor children, the appellants allegedly
compelled her to step out of the vehicle. She refused to oblige, resisted, the
window pane on the driver's side was reportedly smashed by the appellants,
following which she and her children were forcibly dragged out and taken
towards the jungle. The entire episode from the breaking of the vehicle's
window, the forcible removal of the victim and her children, and their
subsequent transportation to another location would naturally have
consumed sufficient time and provided ample opportunity for the victim to
closely observe the perpetrators. Furthermore, according to the prosecution
case, the victim remained in the company of the appellants for a
considerable period and was subjected to sexual assault. Definitely at the
time of forcible sexual in*******se, her face was towards appellants. During
such prolonged interaction, including the commission of the alleged offence,
it is only natural to infer that the victim had adequate opportunity to see and
observe the facial features, appearance and identity of the assailants.
Therefore, it would be consistent with ordinary human conduct and prudent
reasoning to conclude that the victim was in a position to identify the
persons involved in the obnoxious occurrence. No cross examination on the
point that vehicle had not run out of fuel on that particular venue of crime.
When the mechanic and other PW came in witness box, the learned defender
used weapon of cross examination regarding the fault and other aspect of the
vehicle. The same carries little importance as when the victim stated in the
witness box that her vehicle ran out of fuel on motorway, not even a single
question was put to her by either of the learned defenders while defending
both the appellants separately.
10. As in the preceding lines, it is observed, while producing
substantive evidence against the accused, the victim in a very confident
manner raised her finger of accusation specifically towards both the
appellants individually and correctly. Per Section 375-A PPC, gang r**e,
where a person is r**ed by one or more persons, when she testified that both
the accused had committed r**e with her turn by turn, the ingredient to
constitute that offence has been completed, whereas she deposed that Abid
appellant, committed r**e with her twice (repeated the offence of r**e), after
the commission of that offence by Shafqat. The victim was r**ed on
09.09.2020 whereas she appeared in the witness box on 11.03.2021, after
around six months, but her testimony reflects that she had given the
microscopic picture of horrible sexual act happened with her. The concept of
memory is extensively dealt/discussed in subject of psychology, the study of
mind, the science of human behaviour and cognition postulates that several
factors influence the process of memorization, foremost among them being
the nature and emotional significance of the event or material to be
remembered. Psychological principles suggest that experiences which
profoundly affect an individual become deeply embedded in memory and
are retained for a considerable period. "It is an old adage, loss of wealth is
no real loss, loss of health is a partial loss, but loss of honour is a loss
beyond measure." In the legal parlance, the under-discussion offence is
considered/termed as sexual act whereas interpreted and considered in the
society, the honour involving offence. No doubt the said subject also
provides ordinary or insignificant events tend to fade with the passage of
time. At the cost of repetition, in the present case, the victim was r**ed
despite her resistance; she had concealed her identity only to preserve her as well as her family’s honour in the society and to avoid the permanent
disgrace in future. The abhorrent, traumatic and detestable ordeal to which
she was subjected was of such a grave and disturbing nature that it would
naturally leave an indelible imprint upon her mind. It is, therefore, difficult
to conceive that she could forget or misremember the minute details of an
incident that had so deeply affected her emotionally and psychologically.
11. The prosecution also succeeded in proving the identification
parades conducted under the supervision of the learned Magistrate (PW-21),
wherein the victim correctly identified both appellants from among the
dummies. Despite extensive cross-examination, the defence failed to point
out any material irregularity capable of undermining the evidentiary worth
of the proceedings. The objections regarding slight variation in the ages
disclosed by the victim, delay in holding the identification parade, and nonsealing of certain proceedings are of no legal consequence. Minor
discrepancies in estimated age are natural and do not detract from a reliable
identification, particularly in the absence of any suggestion of mala fide,
substitution or ulterior motive. Likewise, mere delay in holding an
identification parade does not render it unreliable, especially when the
identification itself remains unchallenged. Significantly, no evidence has
been brought on record suggesting collusion, tutoring or any reason for the
victim to falsely identify the appellants. Consequently, the identification
evidence, viewed in conjunction with the trustworthy ocular account of the
victim, further strengthens and corroborates the prosecution case. It is also
noteworthy that, upon completion of the identification proceedings, both
appellants were afforded an opportunity by the learned Magistrate to raise
any objection, if they so desired, regarding the manner in which the Test
Identification Parade had been conducted or the identification made by the
victim. However, neither appellants raised any objection. Rather, both
appellants stated before the learned Magistrate that they were ashamed of
their conduct and expressly acknowledged that the victim had correctly
identified them during the identification parade. Such conduct also lends
further assurance to the reliability and evidentiary value of the victim's
identification.
12. The legal framework in Pakistan provides robust protection for
the identity of a prosecutrix (victim of sexual offenses) and mandates
specific procedures for recording her testimony to ensure privacy, dignity,
and safety. Under the Anti-Rape (Investigation and Trial) Act, 2021, and
subsequent judicial interpretations, the law strictly prohibits the disclosure of
her identity and provides for "special measures" such as in-camera trials, the
use of screens, and video-link testimony. The testimony of a prosecutrix is
protected through mandatory in-camera trials where the public and
unauthorized persons are excluded. Courts are legally required to employ
special measures, including the use of physical screens or video links, to
ensure the prosecutrix does not have to face the accused directly.
Furthermore, Section 26 of the Anti-Rape (Investigation and Trial) Act,
2021, explicitly prohibits the disclosure of the victim's identity in any form
without prior written permission, and judicial guidelines mandate the use of
acronyms in judgments to maintain anonymity. The learned trial Courts
ought not to permit questions during the cross-examination of a victim that
relate to her lineage, family connections, permanent residence, or any other
particulars capable of revealing her identity, familial background, or
territorial affiliation. Allowing such inquiries may undermine the statutory
safeguards designed to protect the privacy, dignity, and anonymity of
victims. It is a settled principle of law that what cannot be done directly
cannot be accomplished indirectly. Therefore, information which is legally
protected from disclosure cannot be elicited through indirect or circuitous
questioning under the guise of cross-examination.
13. The defence has failed to assign any plausible motive for the
victim to falsely implicate the appellants in a case of such grave nature. No
evidence of prior enmity, ill-will or ulterior motive has been brought on
record which could have prompted the victim to substitute the real culprits
with innocent persons. It is also a matter of common experience that a
woman would not ordinarily expose herself and her family to the ordeal of
criminal proceedings, social stigma and rigorous cross-examination by
levelling a false allegation of r**e. In the absence of any convincing material
indicating false implication, the victim's testimony inspires confidence and
further strengthens the prosecution case.
14. As regards the contention of the learned counsel for the
appellants that the children accompanying the victim were not produced as
witnesses, it is sufficient to observe that an application under Section 540
Cr.P.C. for summoning the three children was moved during the trial
proceedings. In pursuance thereof, the children appeared before the learned
trial Court at the time of recording the testimony of their mother. The
learned trial Court, before permitting them to testify, undertook an inquiry to
ascertain their competency as required by Article 3 of Qanun-e-Shahadat
Order 1984. It was observed that two of the children were of extremely
tender age, while the eldest boy was only about five years old. During the
inquiry, the children were unable to furnish rational and satisfactory answers
to the questions put to them, whereupon the learned trial Court rightly
concluded that they lacked the requisite understanding to depose as
witnesses and declared them incompetent to testify. The order passed by the
learned trial Court on this score remained unchallenged. In these
circumstances, the non-examination of the children cannot be attributed to
any lapse on the part of the prosecution, nor can any adverse inference be
drawn therefrom. Consequently, the contention advanced by the learned
defence counsel is devoid of substance and carries no legal force.
15. The prosecution also brought on record compelling
circumstantial evidence through Abbas Ali/C (PW-5), Khalid Masood (PW31) and Sardar Shahzad (PW-35). Although none of them witnessed the
actual occurrence, they reached the scene immediately thereafter, and the
victim promptly narrated the incident to PW-5 and PW-35, leading to the
registration of FIR Ex.PA. Khalid Masood (PW-31), while passing through
the area during the relevant time, informed Rescue 15 about the occurrence;
his call was duly recorded and produced in evidence through CD (P4) along
with its transcript (P5). Furthermore, Muhammad Athar (PW-6), a motorway
mechanic, confirmed that he reached the spot and refueled the victim's
vehicle, which had stopped due to insufficient fuel. The testimonies of PW-6
and PW-31 lend substantial corroboration to the victim's account regarding
the location of the occurrence and the circumstances in which her vehicle
became stranded. This evidence is further reinforced by the victim's call
detail record, placing her at ‘Croll Ghati, Ring Road’, Lahore, and by CD
(P2), which pinpoints the location near one Kilometer of the Lahore-Sialkot
Motorway. Collectively, these independent circumstances firmly establish
the place of occurrence and the presence of the victim there at the relevant
time.
16. The victim, Mst. Sana, was medically examined by Dr. Saba
Iqbal, who noted multiple abrasions on the lateral aspect of the left thigh and
bruises on the postero-dorsolateral surface of the right arm which further
supports her resistance at the venue of crime. The doctor opined that the
injuries had been caused by a blunt object within the preceding twenty-four
hours and further concluded that the victim had been subjected to a sexual
assault. Both appellants, Shafqat Ali and Abid Ali, were medically examined
by Dr. Abdullah Fazal (PW-2) and Dr. Muhammad Awais (PW-11), who
found them physically capable of performing a sexual act. Significantly, Dr.
Muhammad Awais also observed a healed abrasion measuring 0.4 x 0.3 cm
on the left elbow joint of appellant Abid Ali. This medical evidence not only
substantiates the allegation of r**e but also lends support to the prosecution
case regarding the presence of blood stains on the victim's vehicle. Thus, the
medical evidence provides strong corroboration to the ocular and forensic
accounts of the prosecution.
17. Scientific evidence is one of the most dependable tools for the
discovery of truth, as it is founded upon objective analysis rather than
fallible human perception. In the present case, the prosecution has brought
on record compelling forensic evidence which independently and powerfully
corroborates the ocular account. Immediately after the occurrence, the victim
was shifted to Kot Khawaja Saeed Hospital, where Dr. Saba Iqbal (PW-24)
conducted her medico-legal examination and secured vaginal swabs along
with the clothes worn by her. These articles were duly sealed, handed over to
the police, and taken into possession vide recovery memo Ex.PZ. The
vaginal swabs were thereafter transmitted to the Punjab Forensic Science
Agency through Riaz Ahmad (PW-17), while buccal swabs of accused
Shafqat Ali @ Bagga, accused Abid Ali, and the victim were also obtained
for DNA profiling. Simultaneously, the Crime Scene Unit of the Punjab
Forensic Science Agency, headed by Rizwan Khan (PW-7), secured the
crime scene, photographed the victim’s vehicle, and collected blood swabs
from its exterior door. The prosecution successfully established an unbroken
chain of safe custody of all biological exhibits from the time of their
collection until their forensic examination through the testimonies of the
relevant officials and experts, including the forensic scientists themselves.
According to forensic reports, the s***m fractions isolated from the victim’s
shalwar, kameez and vaginal swabs matched the DNA profiles of accused
Shafqat Ali and Abid Ali. Furthermore, as per report Ex.PV/1-3, duly proved
by Qazi Laeeque, Forensic Scientist (PW-23), the DNA profile generated
from the blood swabs collected from the victim’s vehicle matched the DNA
profile of accused Abid Ali already available with the Punjab Forensic
Science Agency in connection with an earlier criminal case. Thus, the chain
of incriminating circumstances commencing from the collection of
biological material from the victim and the crime scene and culminating in a
positive DNA match with the accused stands firmly established. This
scientific evidence constitutes strong, independent and highly incriminating
corroboration of the prosecution case. The objections raised by the learned
counsel for the appellants are merely peripheral and incapable of
undermining the evidentiary worth of these forensic findings. Chief Justice
Fletcher Moulton once observed that “proof does not mean rigid
mathematical” formula since “that is impossible”. However, proof must
mean such evidence as would induce a reasonable man to come to a definite
conclusion2 Even as per Article 2(4) of Qanun-e-Shahadat Order 1984, “A
fact is said to be proved when, after considering the matters before it, the
court either believes it to exist, or considers its existence so probable that a
prudent man ought, under the circumstances of the particular case, to act
upon the supposition that it exists.” Tested on this touchstone, the forensic
2 Masheer Khan alias Badshah Khan and another versus State of Madhya Pardesh (2011 PSC (Crl.) 334)
[Supreme Court of India]
evidence produced by the prosecution leaves little room for doubt and
furnishes formidable corroboration connecting the appellants with the
commission of the offence.
18. The contention advanced by the learned counsel for the
appellants that the DNA report was first communicated to the
Superintendent of Police rather than directly to the Investigating Officer is of
little consequence and does not create any dent in the prosecution case. Once the forensic examination had been completed and the report prepared by the competent scientific authority, the subsequent mode or channel through which the result was communicated within the police hierarchy does not affect either the authenticity or the evidentiary value of the report. The
defence has neither alleged nor established any tampering with the samples,
manipulation of the report, or prejudice occasioned by such communication.
At the highest, the objection pertains to an administrative or procedural
matter and does not undermine the scientific findings themselves. Therefore,
the mere fact that the DNA report was initially conveyed to a senior police
officer before reaching the Investigating Officer does not diminish its
probative worth or impair its admissibility and reliability.
19. The recovery of Danda (P-10) and pistol (P-11) was effected at
the instance of appellants Shafqat Ali @ Bagga and Abid Ali, respectively.
Both recoveries were made pursuant to the disclosures made by the
appellants and upon their pointation, thereby rendering the recovered articles
admissible in evidence under Article 40 of the Qanun-e-Shahadat Order,
1984. The mere non-association of private witnesses does not diminish the
evidentiary value of these recoveries, as it is a matter of common experience
that members of the public are generally reluctant to involve themselves in
criminal investigations and court proceedings. Although the recoveries are
not by themselves sufficient to establish guilt, they furnish an additional
incriminating circumstance corroborating the prosecution version regarding
the weapons used during the occurrence.
20. The contention of the learned counsel for the appellants that
Section 365-A, PPC is inapplicable and does not confer jurisdiction upon the
Anti-Terrorism Court is devoid of merit. The prosecution evidence unequivocally establishes that the victim and her three minor children were
forcibly removed from their vehicle and taken into a jungle against their
will, thereby curtailing their liberty. The kidnapping of three minor children
coupled with the threat to kill them unless the victim complied with the
appellants' demand unmistakably attracts the mischief contemplated by
Section 365-A, PPC. Furthermore, it has been settled that an offence under
Section 365-A, PPC is included in Entry No. 4 of the Third Schedule to the
Anti-Terrorism Act, 1997 and is triable by Anti-Terrorism Court.
Consequently, the objection regarding the applicability of Section 365-A,
PPC and the jurisdiction of the trial Court is without substance and merits
outright rejection.
21. The appellants, in their statements recorded under Section 342
Cr.P.C., denied the allegations levelled against them and claimed complete
innocence, asserting that the prosecution witnesses had falsely implicated
them in the case. Significantly, none of the appellants opted to appear in the
witness box under Section 340(2) Cr.P.C. to rebut the overwhelming
prosecution evidence available on the record. It is a settled principle of law
that where the prosecution succeeds in establishing its case through
trustworthy ocular, medical, and scientific evidence, a simple denial by the
accused, unsupported by any independent evidence, carries little weight and
cannot dislodge the prosecution case.
22. The last question pertains to the quantum of sentence. While
determining an appropriate punishment, the Court is required to consider not
only the aggravating and mitigating circumstances of the case but also the
broader objectives of criminal justice i.e. deterrence, denunciation of
criminal conduct, protection of society, and vindication of the rights of
victims. In the present case, the prosecution has successfully established
through reliable ocular, medical, forensic and circumstantial evidence that
the appellants forcibly abducted the victim along with her minor children
from a stranded vehicle during the dead of night, threatened her with the
murder of her children, and thereafter subjected her to gang r**e in a
secluded jungle. The offence was not only brutal and inhuman, but was
executed in a manner that generated fear, insecurity and alarm within
society. The appellants exhibited complete disregard for human dignity,
bodily autonomy and the sanctity of womanhood. Such conduct constitutes
an aggravated form of sexual violence and falls amongst those offences
which shock the judicial conscience. The societal repercussions of crimes of
this nature extend far beyond the individual victim; they create a pervasive
sense of vulnerability amongst women and their families and erode the
public's confidence in their safety while travelling on motorway, roads and
highways. In these circumstances, any undue leniency would amount to
misplaced sympathy, diminish the deterrent effect of the law, and undermine
public confidence in the administration of justice. We are, therefore, of the
considered view that the sentence awarded by the learned trial Court is fully
commensurate with the gravity, enormity and far-reaching consequences of
the offence and warrants no reduction or interference. The appellants do not
deserve any concession in the matter of sentence.
23. For the foregoing reasons, Crl. Appeal No.20513/2021 & Crl.
Appeal No.20738/2021 filed by the appellants are dismissed. Resultantly,
convictions and sentences passed by learned trial Court by virtue of
impugned judgment are maintained and upheld.
24. Capital Sentence Reference No.03-T/2021 forwarded by the
trial court in terms of Section 374 Cr.P.C., for confirmation of the death
sentence awarded to the convicts is answered in the affirmative. The death
sentences of the appellants are confirmed.
25. With respect to Criminal Appeal No. 26164/2021 filed by the
State, seeking modification to the extent of punishment awarded under
Section 365-A PPC from imprisonment of life to death penalty is concerned,
although the offence committed by the appellants is undoubtedly grave and
reprehensible yet the question of sentence is to be determined in light of the
peculiar facts and circumstances of each case. The learned trial Court, after
due consideration of the relevant factors, awarded the sentence of
imprisonment for life under Section 365-A, PPC. We do not find any
exceptional or compelling circumstance warranting interference with the
exercise of discretion so made or justifying enhancement of the sentence to
death. Consequently, the appeal filed by the State, being devoid of merit, is
dismissed.
(SYED SHAHBAZ ALI RIZVI)
JUDGE
(TARIQ MAHMOOD BAJWA)
JUDGE
Approved for reporting
JUDGE JUDGE
