| Case ID |
1fd6662d-95a6-4f3b-a804-454f86600b92 |
| Body |
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| Case Number |
Criminal Appeal No. 181-B of 2013 |
| Decision Date |
May 07, 2014 |
| Hearing Date |
|
| Decision |
The Peshawar High Court upheld the conviction of Feroz Khan for rape under Section 376 of the Pakistan Penal Code, confirming the trial court's findings. The court found overwhelming evidence against the accused, including the testimony of the complainant and medical evidence supporting the victim's claims. The court noted that delays in reporting the crime were understandable given the societal norms surrounding such offenses. The defense's arguments regarding the lack of eyewitnesses and the age of the accused were dismissed, as the court recognized the unique circumstances of the case and the credibility of the victim's account. The appeal was dismissed, and the conviction and sentence were affirmed, highlighting the importance of protecting victims and ensuring justice in cases of sexual offenses. |
| Summary |
In the case of Feroz Khan's appeal against his conviction for rape under Section 376 of the Pakistan Penal Code, the Peshawar High Court evaluated the evidence presented during the trial, including witness statements and medical reports. The court emphasized the significance of the principle of 'res gestae' in assessing the credibility of the victim's account, particularly given the societal stigma surrounding such allegations. The court concluded that the prosecution had successfully established the accused's guilt beyond reasonable doubt, dismissing the appeal due to lack of merit. The ruling reinforces the legal framework surrounding sexual offenses in Pakistan, highlighting the need for sensitive handling of such cases to ensure justice for victims. Keywords: Pakistan Penal Code, rape conviction, res gestae, sexual offenses, victim protection, judicial decision, appeal dismissal, legal framework. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ASSADULLAH KHAN CHAMKANI,
MUHAMMAD DAUD KHAN
|
| Lawyers |
Israr ul Haq,
Farzand Ali,
Qudratullah Khan
|
| Petitioners |
Feroz Khan
|
| Respondents |
The STATE,
another
|
| Citations |
2015 SLD 698,
2015 YLR 703
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
376,
19
|