| Case ID |
20c97457-6d09-4f05-9741-be1c341b6703 |
| Body |
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| Case Number |
Criminal Appeal No. 216-M of 2018 |
| Decision Date |
Jul 19, 2019 |
| Hearing Date |
Jun 27, 2019 |
| Decision |
The Peshawar High Court upheld the conviction of Abdul Qayum under sections 354 and 511 of the Pakistan Penal Code, while reducing the sentence under section 511 from ten years to five years. The court found that the prosecution had successfully proven the charges of attempt to commit rape and outraging modesty. The court noted that minor inconsistencies in the prosecution's case did not negate the overall credibility of the complainant and her mother, both of whom were extensively cross-examined. The decision emphasized the court's discretion in sentencing, particularly under section 511, which allows for a maximum sentence of one-half of the longest term of imprisonment. The court also reduced the fine from Rs. 200,000 to Rs. 50,000, affirming the concurrent nature of the sentences. |
| Summary |
In the case of Abdul Qayum, the Peshawar High Court addressed serious charges of attempted rape and outraging the modesty of a woman under the Pakistan Penal Code. The court examined the evidence presented by the prosecution, including testimonies from the complainant, who is the daughter of the accused, and her mother. The judgment highlighted that the minor inconsistencies in the testimonies did not undermine the prosecution's case, as the core facts remained consistent and credible. The court reduced the sentence for the attempt to commit rape from ten years to five years, reflecting its consideration of mitigating circumstances while maintaining the conviction. The ruling reinforces the importance of thorough judicial examination in sexual offense cases, emphasizing the court's role in ensuring justice while balancing the rights of the accused and the victims. This case is significant in the context of Pakistan's legal framework surrounding sexual offenses, showcasing the judiciary's approach to sensitive cases involving familial relationships and the implications of consent and resistance. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Ishtiaq Ibrahim,
Abdul Qayum
|
| Lawyers |
Aziz Ahmad Hashmi,
Wilayat Ali Khan
|
| Petitioners |
Aziz Ahmad Hashmi
|
| Respondents |
Wilayat Ali Khan, A.A.G.,
The State through Additional Advocate-General and another
|
| Citations |
2020 SLD 217,
2020 PCRLJ 158
|
| Other Citations |
1993 SCMR 1660,
1999 SCMR 2432,
1973 SCMR 108
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
354,
376,
376(1),
511,
161,
164,
340(2),
342,
382B
|