IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 213 of 2021

Appellant: Abdul Zahid through Mr. Abdullah Nizamani advocate

The State: Through Mr. Khadim Hussain, Additional Prosecutor General Sindh

Date of hearing: 15.09.2022

Date of judgment: 15.09.2022

J U D G M E N T

IRSHAD ALI SHAH, J- The appellant for having committed rape with Mst. Nasreen, a young girl of 19 years, after due trial, was convicted under section 376 PPC and sentenced to undergo rigorous imprisonment for 15 years and to pay fine of Rs.200,000/- to victim PW/Mst. Nasreen and in default whereof to undergo simple imprisonment for 06 months with benefit of section 382-B Cr.P.C by learned Xth-Additional Sessions Judge, Karachi West vide judgment dated 13.05.2019, which is impugned by him before this Court by way of instant jail appeal.

2. It is contended by learned counsel for the appellant that the appellant being innocent has been involved in this case falsely by the complainant party; the FIR of the incident has been lodged with unexplained delay of about 06 days; no DNA test was conducted and evidence which is furnished by the prosecution witnesses being doubtful has been believed by learned trial Court without lawful justification, therefore, the appellant is entitled to his acquittal or alternatively the punishment awarded to him to be reduced to one which he has already undergone.

3. None has come forward to advance arguments on behalf of the complainant. However, learned Addl. P.G for the state was fair enough to say that he would be having no objection, if the sentence awarded to the appellant is reduced to one which he has already undergone, which is spreading over more than 10 years including remission.

4. Heard arguments and perused the record.

5. Victim/P.W Mst. Nasreen has fully implicated the appellant in commission of incident by stating that he by committing trespass in her house committed rape with her forcibly. Her evidence takes support from the evidence of medical officer Dr. Nasreen Qamar. As per I.O/ASI Muhammad Bashir the incident was reported to him on the very date of incident, it was recorded in Roznamcha and then he recorded formal FIR of the incident at verbatim of complainant Mst. Zulekhan, after receipt of medical opinion. Thus, the delay in lodgment of the FIR is appearing to have been explained plausibly by the complainant party. Whatever is stated by victim/ P.W Mst. Nasreen takes support from ancillary evidence which is furnished by complainant Mst. Zulekhan and I.O SIP Muhammad Ameer. All of them have stood by their version on all material points despite having been cross examined considerably. In that situation, learned trial Court was right to conclude that the prosecution has been able to prove its case against the appellant beyond shadow of doubt.

6. However, the appellant needs to be dealt with leniently for the reason that he is having no criminal record; said to be sole bread earner of his family and no DNA test was conducted, therefore, the rigorous imprisonment of 15 years with fine of Rs.200,000/- awarded to the appellant is reduced to 10 years rigorous imprisonment with fine of Rs.200,000/- and in default whereof to undergo simple imprisonment for 06 months with benefit of section 382-B Cr.P.C.

7. Subject to above modification, the instant jail appeal fails and dismissed accordingly.

JUDGE