Sadaqat Ali Khan, J.--This single judgment shall dispose of Criminal Appeal No. 167868 of 2018 filed by Irnran Ali appellant (against his conviction) and Capital Sentence Reference No. 1/T of 2018 sent by the learned, trial Court for confirmation of death sentence of Imran Ali (appellant) or otherwise as both the above mentioned matters have arisen out of the same judgment dated 17.02.2018 passed by learned Special Judge ATC-I, Lahore according to which Imran All appellant was convicted and sentenced as under: U/S. 364-A, PPC Sentenced to death.
U/S. 376, PPC Death alongwith fine of Rs. 10-Lac, in default thereof to further undergo six months SI.
U/S. 302(b), PPC Sentenced to death with compensation of Rs. 10-Lac u/S. 544-A, Cr.P.C. to the legal heirs of Zainab Ameen deceased and - in default thereof to further undergo six months SI.
U/S. 7(a) Anti- Terrorism Act, 1997Sentenced to death with line of Rs. 10- Lac and in default thereof to further suffer six months SI.
U/S. 377, PPC Sentenced to imprisonment for life with fine of Rs. 10-Lac and in default thereof to further undergo six months SI.
U/S. 201, PPC Sentenced to imprisonment for seven years RI with fine of Rupees One Lac and in default thereof to further undergo three months SI. in case FIR No. 8 dated 04.01.2018 under Section 363, PPC, Police Station A/Division, Kasur .
2. The facts of the case have been stated by Muhammad Adnan Complainant P.W.6 (paternal. uncle of Zainah Ameen deceased) in his statement before the learned trial Court which is hereby reproduced for narration of the facts:- "Zainab Fatima, my niece, aged 7 years, on 4.1.2018, at about 7.00 P.M. alongwith Muhammad Usman, her Chachazad went to the house of her KHALA situated at Road Kot to recite The Holy Quran, My niece Zianab Bibi did not enter the house whereas Muhammad. Usman entered the house. Rukhsana Bibi apprehended that Zainab Ameen minor girl might had gone back to her house but she did not come to the house. At about 8.00 P.M. Usman came back to home after reciting The Holy Quran. I enquired about Zainab from him that why Zainab had not come back to home. He told me that he had entered the house but Zainab Ameen did not enter.
On this, we started her search. At about 9.30 P.M (night time), I informed 15 police. I apprehended that my niece Zainab had been kidnapped by an unknown person. On the same night, at about 1.0.00 P.M. I drafted application Ex.PA and produced before Duty Officer of Police Station A- Division. Application Ex.PB bears my signatures and thumb impression. Duty Officer present in the Police Station chalked out FIR Ex.PA/1. Computerized copy of which was given to me.
At about 10.30 P.M. Muhammad Yasin SI came to outside the house where Zainab went to recite The Holy Quran. I gave the details of the clothes and its colour i.e. red orange shirt like FROCk and tights of black and white lines wearing Zainab to Yasin SI. Hood and high neck were of black and white lines with FROCK and socks of pink colour. I became the complainant/first informer of this case because her parents had gone to Saudi Arabia for performance of UMRA and were not available.
Muhammad Yasin SI also recorded my statement at the spot. On the following days i.e. 5.1.2018, at about 1.00 P.M Muhammad Yasin SI came to our home alongwith developed photos of Zainab with unknown dubious person. I identified that it was the same photo P2 of Zainab and she was wearing the dressing stated above. I identified Zainab Bibi from her dressing, hair cut, her behavior and height. I could not ident ify the unknown dubious person with whom Zainab Ameen was looking. Investigating Of ficer recorded my statement in this regard.
On 9.1.2018, at about 12.30 afternoon, I received information about presence of dead body of a minor female on the heap of rubbish/trash situated on the back side of Elite College. I went alongwith Iftikhar Ahmad SI, Yasin SI, Naila Rani Lady Constable and Akhtar Hussain/C to the place where dead body was lying. I identified dead body of Zainab Ameen from her clothes i.e. trouser bearing black and white lines, High Neck was of black and white lines, Pajama was of black colour, round of lower part of FROCK was of Turquoise blue colour (FEROZI) colour with black net, socks of pink colour, shoes having red WELL WET strips. Iftikhar Ahmad SI prepared two Fard Shanakhats Ex.PL and Ex.PM respectively, one was of shoes stated above and other was of clothes and dead body which were attested by me 'and Muhammad Imran s/o Rafique Insari PW. Iftikhar Ahmad SI recorded my statement in this regard. Iftikhar Ahmad dispatched the dead body under the escort of Naila Rani lady constable and Akhtar Hussain/C. I also accompanied them. During PME of Zainab Bibi, I and Imran identified the dead body of Zainab Bibi. People of the area in the shape of mob assembled and became enraged, offended and became furious due to which terror and harassment was spread in the city. Most of the parents had hidden themselves alongwith their children in their respective houses due to occurrence of Zainab. Many people of the city were also protesting. Iftikhar Ahmad SI also recorded my statement in this regard."
3. After registration of the case, investigation started and on completion of the same report under Section 173, Cr.P.C. was submitted in the trial Court.
4. Learned trial Court after observing legal formalities provided under the Criminal Procedure Code framed the charge on 12.02.2018 against Imran All appellant under Sections 364-A, 367-A, 376, 377, 302, 201, PPC and 7(a)
Anti-T errorism Act, 1997 to which the appellant pleaded guilty and wanted to make his statement which was recorded by the learned trial Court as under: "Earlier , I have committed eight occurren ces of similar nature in the same way and manner . I used to commit sodomy with female child. Investigating Agency interrogated me with respect to Zainab's case and also asked whether I had committed any other offence of same nature. I disclosed to them that I had committed eight occurrences of similar nature. I used to commit such occurrence in the manner i.e. firstly , I selected the place for the commission of of fence of sodomy .
Thereafter , I enticed away or, kidnapped female child on the pretext of giving her money and took her at the place which I had already selected. During the course of commission of offence, I placed my hand on the mouth of female child forcibly and as the moment, she became unconscious, I committed sodomy with her by lying her in inverted position and went away leaving her in unconscious condition. I used to kidnap the female child only with the intention to commit sodomy with her and not to kill.
On the day of occurrence, I was present in my Mohallah situated at Road Kot. Meanwhile, I saw Zainab (deceased) while coming. At that time, some shops were opened, as such, I asked her nothing and followed her. At some distance, I saw that some shops were closed where Zainab Ameer wanted to enter some house. As the moment, she put her foot on first step of the stairs of that house, I asked her that I was going to distribute the money in the adjoining street and also wanted to give her money . On my offer, she turned back and followed me. Meanwhile, I took turn in another street. She also took turn and continued to follow me. Thereafter , I took many turns to different streets and she had been following me. In the same way, I took her upto main road KALI PULLI. In order to cross the road, I hold her finger and crossed the road while walking beside her. Then I took her upto Peeruwala Road, the place which I had selected to commi t sodomy . I saw that there was a Karkhana in front of the same where a person was standing and making telephone call, so I left that place and took her towards the deserted place near drainage. There was also a heap of rubbish/trash. It was night time and dark had prevailed everywhere. I saw a wall there adjacent to the heap of trash. During the course of kidnapping, she asked me where we were going. I asked her that we would go back after doing some job. Then I placed my hand forcibly on her mouth and observed that she had become unconscious. When I became sure about her unconsciousness, I laid her on a vacant place between wall and heap of trash, then I committed sodomy with her and rape as well from her back side while lying her in inverted condition. After satisfying my lust, I left her in an unconscious condit ion and went to attend MEHFIL- E-NAA T in the nearby MASJID. When I freed from Mehfil and came back to my Mohallah at about 11.00 P.M, I saw the presence of police vehicle. I enquired from a child of the Mohallah that what happened there? He told me that a minor girl had gone to recite a SI PARA (The Holy Quran) but did not come back to home. He further told me that her close relatives i.e. uncle, brothers and others were searching her. I enquired about her parents who told me that her parents were not present there. I thought they might have died but on my query , he told me that in fact her parents had gone to Saudi Arabia for performance of UMRA. On hearing this, I shocked, felt much shame and repentance over my obnoxious act. I felt that as my soul had left me alone and was no more existed in me. I started weeping at my own. So I came to the independent room of my home and started shedding tears. On that night, I had realized that I never committed goodness in my life. Now I have repentance over my act and too much worried due to commission of murder of Zainab, minor girl. I don't want to proceed further with the trial. I have narrated true facts of the commission of murder of Zainab and admit all the charges read over to me."
At this juncture, learned trial Court has passed the following order: "A bare reading of Section 265-D to F Cr.P.C. would reveal that even in case of having pleaded guilty by the accused, it is not mandatory for the Court to pass an order of conviction and the Court even then can summon the prosecution witnesses. By now it is well settled preposition of law that in case of a charge of an offence carrying capital punishment of death or . transpiration of life, the Court is required to examine the prosecution witnesses, even if the guilt is admitted in response to the charge. In the case in hand since charge against accused Imran Ali is of heinous nature and carries capital punishment of death, the Court also thinks it appropriate to record the prosecution evidence. Let the prosecution evidence in attendance be recorded."
5. The prosecution produced following witnesses during the trial before the learned trial Court: Shaukat Ali Bodla ASI P.W.1 Muhammad Zikrial 1368/C P.W.2 Dr. Qurat ul Ain Attiq P.W.3 Dr, Riasat Ali P.W.4 Dr. Qazi Laeeque Ahmad P.W.5 Muhammad Adnan (Complainant) P.W.6 Mst. Rukhsana Bibi P.W.7 Muhammad Usman P.W.8 Amjad Iqbal Goga P.W.9 Ghulam Rasool P.W.10 Muhammad Jawad Junior Forensic Scientist PFSAP.W.11 Muhammad Adeel Abbas Forensic Scientist PFSAP.W.12 Abdul Naveed P.W.13 Dr. Ayyaz Ahmad Rana P.W.14 Ghaf far Ali P.W.15 Muhammad Muzammal P .W.16 Muhammad Nasar Ullah Draftsman P.W.17 Naila Rani 1 115/LC P.W.18 Akhtar Hussain 917/C P.W.19 Shabbir Ahmad P.W.20 Muhammad Saddique S.I. P.W.21 SafdarAli 1223/C P.W.22 Shafqat Ali ASI P.W.23 Sabir Ali 1322/C P .W.24 Ali Raza 98/C P.W.25 Muhammad Ramzan 246/HC P.W.26 Muhammad Irshad ASI P.W.27 Muhammad Aslam ASI P.W.28 Muhammad Yasin S.I. P.W.29 Iftikhar Ahmad S.I. P.W.30 Shaukat Hussain Inspector P.W.31 Ihsan Ullah Chohan DSP P.W.32 Whereas P.Ws. namely Abid Ayub, Farwa Rizvi, Imran, Mudassar , Abu Zar, Dr. Ashraf Tahir, Hajiz Yasin, Dr. Muhammad Laeeque, Dr. Adnan Hakeem, Professor Arif Rasheed, Muhammad Mansha Inspector , Maratab Ali ASI, Muhammad Rizwan, Muhammad Jave d Khan/HC, Babar , Muhammad Yahya/C, Asif/C, Qadoos Baig SP Investigation, Irfan Ullah Khan SSP, Syed Haider Sarfraz Assistant Director , Profess Dr. Arif Azeem, Munawar Hussain ASI, Muhammad Rizwan Statistics-and Muhammad Idrees Ahmad RPO/DIG were given up being unnecessary and while tendering certain documents Ex.P Ato Ex.PSSS closed its evidence.
6. Medical evidence was furnished by Dr. Qurat ul Ain Attiq P.W.3 who conducted post-mortem examination on the dead body of Zainab Ameeri deceased and observed as under: "Description of injuries: No ligature mark was seen around the neck. External geritalia were stained with the blood from front side and fecal matter was coming out. Eyes were closed and mouth was semi open. Small amount of clotted blood in the right nostril and on the lower lip.
Cranium and spinal cord including scalp, skull, membranes, brain, vertebrae and spinal cord were NAD( no abnormality detected).
Thorax including walls of sternum, Manub rium body , xiphistemum, cartilages and ribs, pleurae, larynx and trachea, right lung, left lung, pericardium and heart and blood vessels were NAD.
The anterior wall of abdomen was greenish, peritoneum, mouth, pharynx, esopha gus, diaphragm, pancreas, liver, spleen, both kidneys and organs of generation were NAD, mouth was blood stained, small amount of gastric contents was present in small and large intestines, No abnormality was detected in upper and lower limb..
I sent specimens to chemical examiner and. DNA Lab for expert opinion.
One carton containing four signed and sealed jars for chemical examination. Carton was also sealed and signed by me.. Two envelopes containing anal and vaginal swabs including clothes were sent for DNA Testing. All these articles were handed over to Akhtar Hussain/C.
Opinion: Probable time that elapsed between injury and death was almost immediately and between death and Post-mortem Examination was may be two to three days.
In the report of Lab. Expert in the light of PME and report from Punjab Forensic Science Agency No. 2018-1 15939- DNA-15594, seen and signed by me, annexed with. According to Punjab Forensic , Science Agency case No. 2018-1 15939- Tox- 06225. Drugs and poisons were not detected.
Final report regarding cause of death.
The cause of death in this case was asphyxia due to throttling which was sufficient to cause death in an ordinary course of nature and caused by blunt means.
Final report regarding sexual assault.
Hymen was ruptured (torn). Swelling was present around labiminora. Posterior vaginal tear was present extending up to 3 cm. Swelling was also present around the anus. A tear measuring 1/2 cm x 1 cm was present at 8'0 clock position. Ex.PB is the correct carbon copy of PMR, Ex.PB/1 and Ex,PB/2 are pictorial diagrams, which are in my hand and bears my signatures.
From the forgoing observations, I am of the opinion that both raped and sodomy had been done.
During the PME, enraged mob entered the hospital and started to break the windows and doors of the mortuary .
Keeping in view the critical gravity and heinousness of the situation I took the photographs from my personal mobiles of the dead body and also prepa red rough notes Ex.PC which are in my hand. I saved the photographs in USB PI and handed over it to Iftikhar Ahmad SI alongwith original rough notes Ex. PC who took the same into possession vide recovery memo and recorded my statement u/S. 161, Cr .P.C. in this regard.
On 2.2.2018, I appeared before the medical board constituted by the MS, DHQ Hospital, Kasur . I also signed on FIR, complaint, application for PME, injury statement and inquest report."
Dr. Riasat Ali P.W. 4 stated in his statement (examination-in-chief) as under: "On 31.1.2018, vide office order No. PA/AST/MISC/2018 Ex.PD, a Medical Board was constituted on the recommendation Ex.PE of JIT in the abduction, rape and murder case of minor girl Zainab for the paper scrutiny and expert opinion in the said case. The board was comprising upon me alongwith Dr. Muhammad Yasin MS DHQ Kasur(Chairman), Professor Arif Rashe ed HOD Forensic Medicine KEMU (Member), Dr. Adnan Hakeem APMO/DMLO (Member), Dr. Arif Azeem District Surgeon(Member) and Dr. Muhammad Laeequ Ch. DHO (PS)
(Member).
Opinion of the Board.
The meeting of board was called on 2.2.2018 at 9.00 A.M. in the office of Medical Superintendent, DHQ Hospital, Kasur . The Standing Medical Board was gathered in the office of MS, DHQ Hospital, Kasur on 2.2.2018, at 9.00 A.M.
The relevant record was requisite and minutely examined. After interviewing the Dr. Qaurat-ul-Ain, Women Medical Officer and perusal of PMR, rough notes, Photographs prepared by WMO at the time of examination of dead body and keeping in view the low environmental temperatures, circumstances of death and history of the case, all the members of the board were of unanimous opinion which is as follows:- "the possibility of probable time betwee n death and PME being within three to five days cannot be ruled out Furthermore, autopsy findings were consistent with that the deceased was subjected to brutal vaginal and anal sexual act."
The opinion of Medical Board is Ex.PF which is signed by alongwith other members of the board."
7. On the other hand, statement of Imran Ali appellant was recorded under Section 342, Cr.P.C. in which he again admitted the commission of occurrence by answering to the question "Why this case against you and why the PWs deposed against you? as under: "This case was registered against me rightly . I am the actual culprit of this case. I after kidnapping Zainab Ameen committed with her rape, sodomy and her murder . Before commission of rape and sodomy , I firstly forcibly placed my hand on her mouth and nose and pressed it and after making her unconscio us, I committed the occurrence.
Legal heirs of Zainab Ameen had not any enmity against me. I did cruelty with Zainab and her family ."
8. After conclusion of the trial, learned trial Court convicted Imran Ali appellant with above stated sentences. Hence this appeal
9. Learned counsel for appellant has contended that: i. the judgment of the trial Court dated 17.02.2018 is against law and facts and is liable to be set-aside; ii. it is submitted that the story of the prosecution is improbable and not believable; iii. it is further submitted that prosecution has failed to prove its case against the appellant beyond shadow of doubt, the admission of appellant before trial Court in reply to charge and in his statement recorded under Section 342, Cr.P.C. is result of coercion and the learned trial Court wrongly convicted appellant in surmises and conjectures; iv. and lastly submitted for the acceptance of the appeal of the present appellant and his acquittal.
10. On the other hand, learned law officers/Mr . Abdul Samad. Addl. Prosecutor General, Mr. Munir Ahmad Sial DPG, Rai Akhtar Hussain, DPG and Mr. Tariq Javed DPP, assisted by learned counsel for the complainant have vehemently opposed the appeal and submitted that the prosecution has proved its case beyond any shadow of doubt against Imran Ali appellant with solid evidence and prayed for the dismissal of the present appeal.
11. We have heard the learned counsel for the appellant as well as learned law officers assisted by learned counsel for the complainant and perused the record.
12. The detail of prosecution case has been given in para 2 of this judgment, there fore, there is no need to repeat the same to avoid duplication and repetition.
13. Muhammad Adnan complainant P.W.6 (paternal uncle of Zainab Ameen decease d aged about 7/8 years ) got registered FIR Ex.P.A/1 on 04.-01.2018 at 10:00p.m. by moving written applic ation Ex.P.A. against unknown accused stating therein that on 04.01.2018 at about 7:00 p.m. Zainab Ameen deceased alongwith Muhammad Usman P.W.8 (paternal cousin of Zainab Ameen deceased ) left her house for the house of Mst Rukhsana Bibi P.W.
7 (maternal auntlKhala of Zainab Ameen deceased ) as she used to recite The Holy Quran there, who did not enter into the house of said Mst. Rukhsana Bibi P.W.7 and went missing rather had been kidnapped by unknown accused. On 09.01.2018 at 12:30 noon, dead body of Zainab Ameen deceased was found lying near the heap of garbage as stated by Muhammad Yasin S.I. P.W.29 and Sabir Ali constable P.W.24. No person from the prosecution claims to be the eye-witness of the occurrence rather the case of prosecution is based on circumstantial evidence supported by admission of Imran Ali appellant at every stage of the case that he had committed rape, sodomy and murder of Zainab Ameen deceased after kidnapping her (in his reply to the charge framed by .the learned trial Court, in his statement under Section 342, Cr.P.C. and in the instant criminal appeal filed by him through jail ), which is categorized as under: i) Muhammad Usman P.W.8 (whose competency as witness had been checked by the learned trial Court by following the procedure under Article 3 of Qanun-e Shahadat Order , 1984) paternal cousin of Zainab Ameen deceased stated in his statement (examination-in-chief ) that on 04.01.2018, he alongwith Zainab Ameen deceased went to the house of Mst. Rukhsana Bibi P.W.7 (maternal aunt/Khala of Zainab Ameen deceased ) to recite The Holy Quran. He was ahead of Zainab Ameen deceased while going to the house of Mst. Rukhsana Bibi P.W.7. He entered the house of Mst. Rukhsana Bibi P.W. 7 but Zainab Ameen deceased did not enter . He recited The Holy Quran and came back to his house where his uncle Muhammad Adnan complainant P.W.6 enquired about Zainab Ameen deceased). ii) Mst. Rukhsana Bibi P.W.7 (maternal aunt/Khala of Zainab Ameen deceased ) Stated in her statement (examination-in-chief) that she used to teach The Holy Quran to the children of her relatives including Zainab Ameen deceased and Muhammad Usman P.W.8 at her house at 7:00 p.m. On 04.01.2018 Muhammad Usman P.W.8 came to recite The Holy Quran but Zainab Ameen deceased did not come. iii) Muhammad Yasin S.I. P.W.29 stated in his Statement (examination-in-chief ) that on 09.01.2018 at 12:30 noon, dead body of Zainab Ameen deceased was found lying near the heap of garbage, in presence of Sabir Ali constable P.W.24 and other police officials, Iftikhar Ahmad S.I P.W.30 sent the dead body of Zainab Ameen deceased to the hospital for post-mortem examination through Sabir Ali constable P .W.24. iv) Dr. Qurat ul Ain Attiq P.W.3 on 09.01.2018 conducted post-mortem examinatio n on the dead body , of Zainab Ameen deceased, sent specimens to Chemical Examiner and DNA Lab for expert opinion comprising one carton containing four signed and sealed jars for chemical examination, two envelops containing anal and vaginal swabs including clothes for DNA test through Akhtar Hussain constable P.W. 19, who handed over the same to the Iftikhar Ahmad S.I P.W.30, which were taken into possession by him through recovery memo. Ex.P.FF. Iftikhar Ahmad S.I P.W.30 handed over the same to Zikria constable/Moharrar P.W.2 for safe custody in the Maalkhana. Zikria constable/Moharrar P.W.2 on 10.01.2018 ' handed over above said parcels to the said Iftikhar Ahmad S.I P.W.30 who deposited the same intact on the same day in the of fice of PFSA.
FORENSIC EVIDENCE PERT AINING T O DNA ANAL YSIS v) Dr . Qazi Laeeque Ahmad (Forensic scientist DNA and Serology , PFSA) P.W.5 Stated in his Statement (examination-in-chief ) that on 10.01.2018 Iftikhar Ahmad S.I.
P.W.30 deposited eight sealed parcels of Zainab Ameen deceased (one sealed box/Dabba said to contain last worn clothes of Zainab' Ameen deceased comprising of Pants, Trouser , Shirt, High neck, Upper with hood, Sweater , One socks, two sealed envelops swabs one said to contain two vaginal swabs and other said to contain two anal swabs, three sealed envelops of Crime Scene Investigation of PFSA one said to contain one swab from right nail, one swab from left nail and one said to contain buccal swab; one sealed parcel of blood ). Dr. Qazi Laeeque Ahmad (Forensic Scientist DNA and Serology , PFSA) P.W. 5 further stated that since it was a case of sexual assault, therefore, the evidence items were examined for the presence of seminal material which was identified on the following items of Zainab Ameen deceased:
1. Vaginal swabs
2. Anal swabs
3. Pants
4. Trousers
5. Sweaters.
DNA analysis was conducted on these items and DNA Profile of single unknown male individual was obtained from the sperm fractions of the evidence items. DNA analysis report consists of three pages bearing numbers 0000406335, 0000406336, 0000406337, issued on 12.01.2018, which is Ex.P.G., Ex.P.G/1, Ex.P.G/2, and signed by him. Result and conclusion of the said report (Forensic Serology and DNA Analysis report Ex.P.G, EX.P .G/1 and EX.P .G/2) is available at pages 24 to 26 of the Paper Book which is hereby reproduced as under: "Results and Conclusion Seminal material was identified on item # 2, 3, 7.1, 8.2 and 12.1.
Human blood was identified on item # 1.
The DNA profile obtained from the sperm fractions of item # 2, 3, 7.1, 12.1 and epithelial fraction of item # 3 is from unknown male individual-I.
The DNA profile obtained from the epithelial fraction of item # 2 is a mixture of at least two individuals. The DNA profile foreign to Zainab Ameen (item # 6) obtained from the epithelial fraction of item # 2 is partial and inconclusive.
The DNA profile obtained from the epithelial fraction of item #7.1 is a mixture of at least two individuals. Zainab Ameen (item # 6) and Unknown male individual-I cannot be excluded as being possible contributors to the DNA obtained from the epithelial fraction of item #7.1. The probability of an unrelated individual at random from the population being a possible contributor to the, DNA obtained from the epithelial fraction of item # 7.1 is approximately one in four million in Caucasians. The genetic locus CSF1PO was not used in the frequency calculations.
The DNA profiles obtained from the sperm and epithelial fractions of item # 8.2 are mixtures of at least two individuals with major and minor components. The major component of the DNA profiles obtained from the sperm and epithelial fractions of item #8.2 is consistent with the DNA profile of Unknown male individual-I. The minor components of the DNA profiles obtained from the sperm and epithelial fractions of item #8.2 are partial and inconclusive.
The partial DNA profile obtained 'from the epithelial fraction of item # 12.1 is a mixture of at least individuals with major and minor components. The major component of the DNA profile obtained from the epithelial fraction of item # 12.1 is consistent with the DNA profile of Zainab Ameen (item # 6). Assuming no identical twin, Zainab Ameen (item # 6) is the major contributor to the DNA obtained from the epithelial fraction of item # 12.1 to a reasonable degree of scientific certainty . The minor component of the DNA profile obtained from the epithelial fraction of item # 12.1 is partial and inconclusive.
The DNA profile obtained froth item # 4 is a mixture of at least two individuals. The DNA profile foreign to Zainab Ameen (item # 6) obtained from item # 4 is partial and inconclusive.
The DNA profile obtained from item # 5 is a mixture of at least two individuals. The DNA profile foreign to Zainab Ameen (item # 6) obtained from item # 5 is partial and inconclusive.
No seminal material was detected on item # 7.2, 7.3, 8.1, 9.1, 13.1 and 14.1; therefore no further DNA analysis (short tandem repeats profiling) was conducted on these items.
No semen stains were observed on item # 10 and 11; therefore no further DNA analysis (short tandem repeats profiling) was conducted Allele frequencies from the FBI's Caucasian database of unrelated individuals were used for the calculations."
As culprit was unknown, to trace him buccal swabs standard of 1187 individuals/suspects were collected by Crime Scene Unit of PFSA. DNA Profile of Imran Ali appellant was unique and did not match the DNA Profile of another suspect, Dr. Qazi Laeeque Ahmad (Forensic Scientist DNA and Serology , PFSA ) P.W.5 further Stated in his Statement (examination-in-chief ) that buccal swabs standard of Imran Ali appellant taken on 20.01.2018 by Crime Scene Unit PFSA and DNA Profile was generated. The DNA Profile obtained from sperm fractions of vaginal and anal swabs of Zainab Ameen deceased matched the DNA Profile of Imran Ali appellant assuming no identical twin. Forensic DNA Analysis report consists of two pages Bearing No. 0000406576, 0000406577 which are Ex.P.H and Ex.P.H/1, issued and signed by him on 23.01,2018. Result of DNA analtisis report Ex.P.H and Ex.P.H/1 is hereby reproduced as under: "Results and conclusion This is a preliminary DNA analysis report. Detailed analysis report of all items of this case and other cases related to Muhammad Imran s/o Muhammad Arshad (item # S814) will be issued soon.
The DNA profile obtained from the sperm fractions of item # 2 and 3 matches the DNA profile of Muhammad Imran s/o Muhammad Arshad (item # S814). Assuming no identical twin, Muhammad Imran s/o Muhammad. Arshad (item # S814) is the source of DNA obtained from the sperm fractions of item # 2 and 3 to a reasonable degree of scientific certainty .
Allele frequencies from the FBI's Caucasian database of unrelated individuals were used for the calculations."
Dr. Qazi Laeeque Ahmad (Forensic scientist' DNA and Serology , PFSA ) P.W. 5 further Stated in his statement (examination-in-chief ) that DNA Profile obtained from the sperm fractions of the seminal stains found on the pants, trousers and sweaters of Zainab Ameen deceased matched the DNA Profile of Imran Ali appellant assuming no identical twin. Forensic DNA Analysis Report Supplementary-II Bearing No. 0000406707, 0000406708, 0000406709 is Ex.P .J., Ex.P .J/1 and Ex.P .J/2 issued and signed by him on 27.01.2018.
Result of DNA analysis report Ex.P .J and Ex.P .J/1 and Ex.P .J/2 is hereby reproduced as under:- "Results and Conclusion Forensic DNA examination report of the sperm fractions of item # 2 and 3 has already been issued on January 23, 2018 bearing serial No. 0000406576-77.
Results from items pertinent to Mohammad Imran s/o Mohammad Arshad are being mentioned here.
The DNA profiles obtained from the sperm fractions of item # 7.1, 12.1 and epithel ial fraction of item # 3 match the DNA profile of Mohammad Imran s/o Mohammad Arshad (item # S814). Assuming no identical twin, Mohammad Imran s/o Mohammad Arshad (item # S814) is the source of DNA obtained from the sperm fractions of item # 7.1, 12.1 and epithelial fraction of item # 3 to a reasonable degree of scientific certainty .
The DNA profiles obtained . from the sperm and epithelial fractions of item #8.2 are mixtures of at least two individuals with major and minor components. The major component of the DNA profiles obtained from the sperm and epithelial fractions of item #8.2 is consistent with the DNA profile of Mohammad Imran s/o Mohammad Arshad (item # S814). Assuming no identical twin, Mohammad Imran s/o Mohammad Arshad (item # S814) is the major contributor to the DNA obtained from sperm and epithelial fractions of item # 8.2 to a reasonable degree of scientific certainty . The partial minor components of the DNA profiles obtained from the sperm and epithelial fractions of item #8.2 are inconclusive.
The DNA profile obtained from the epithelial fraction of item #7.1 is a mixture of at least two individuals. Zainab Ameen (item # 6) and Mohammad Imran s/o Mohammad Arshad (item # S814) cannot be excluded as being possible contributors to the DNA obtained from, the epithelial fraction of item #7.1. The probability of an unrelated individual at random from the population being a possible contributor to the DNA obtained from the epithelial fraction of item # 7.1 is approximately 1 in 4 million in Caucasians, The genetic locus CSF1PO was not used in the frequency calculations.
The DNA profile obtained from item # 15 is an inconclusive mixture of at least four individuals.
Allele frequencies from the FBI s Caucasian database of unrelated individuals were used for the calculations.
DNA profiles from all collected buccal swab standards were compared against DNA profiles obtained from items in this case and were found not match.
Disposition of Evidence Portion of the pertinent evidence item(s), if available, will be stored at the appropriate temperature in the laboratory . vi) DNA analysis in order to determine the truthfulness of the allegation of crime is not new. Initially the DNA was not so reliable, therefore, the Courts often excluded it from the evidence and not based the conviction on it However , in the last decade or so the DNA technology has significantly advanced and introduction of DNA profiling has revolutionized forensic science. Now DNA test provides the Courts a mean of identifying perpetrators with a high degree of confidence. By using the DNA technology the Courts are in a better position to reach at a conclusion whereby convicting the real culprit and excluding potential suspects as well as exonerating wrongfully involved, accused. In the present case, Dr. Qazi Laeeque Ahmad (Forensic Scientist DNA and Serology , PFSA ) P.W.5 being author himself appeared in the trial Court to prove the DNA Analysis reports and tendered DNA analysis report consisting of three pages i.e. Ex.F.G., Ex.P.G/1 and Ex.P.G/2, according to which DNA analysis was conducted on items i.e. vaginal swabs, anal swabs, pants, trousers and sweaters pertaining to Zainab Ameen deceased and DNA profile of single unknown male individual was obtained from the sperm fractions of evidence items. DNA profile generated from the buccals swabs standard of Imran Ali appellant taken on 20.01.2018 has matched with UNA profile of vaginal and anal swabs of Zainab Ameen deceased, discussed above assuming no identical twin. Report of Forensic DNA analysis in this respect consisting of two pages Ex.P.H and Ex.P.H/1 has also been tendered, by Dr. Qazi Laeeque Ahmad (Forensic Scientist DNA and Serology , PFSA ) P.W.5. DNA profile obtained from the sperm fractions of the seminal stains found on the pants, trousers and sweaters of Zainab Ameen deceased discussed above also matched with DNA profile of Imran Ali appellant (EX.P .H and EX.P .H/1), Forensic DNA Analysis Report Supplementary-II i.e. Ex.P.J, Ex.P.J/1 and Ex.P.J/2 in this regard has also been tendered in evidence by Dr. Qazi Laeeque Ahmad (Forensic Scientist DNA and Serology , PFSA ) P.W.5 white' recording his statement which is conclusive proof of identity of real culprit i.e. Imran Ali appellant. vii) Imran Ali appellant on 27.01.2018 had been produced before Dr. Ayyaz Ahmad Rana P.W.14 for his potency test, who observed as, under: "There is nothing to state that the examinee is physically incapable of performing the sexual act." viii) Amjad Iqbal Goga P.W.9 stated in his Statement (examination-in-chief ) that he set up a shop of building material with the name 'of "Goga Building Material Store" situated at Link Peruwala Road. Muhammad Yasin S.1.
P.W.29 came to his shop in connection with case of Zainah Ameen deceased, he checked CCTV Camera installed therein and viewed recording from 7:00 p.m. of 04.0L2018, in the recording of the said time, he saw a female child aged 7/8 years while going with an unkno wn dubious person. He (p.w.9) handed over DVR P-3 to him which was taken into possession vide recovery memo Ex.P .N. x) Ghulam Rasool P.W.10 stated in his statement (examination-m-chief) that he is owner of a school known as `Knowledge Gate High School" where he has got installed CCTV cameras. On 11.01.2018, Shaukat Hussain Inspector P.W.31 alongwith Muhammad Irshad ASI P.W.27 came to his school to check DVR P4 and took the same into possession vide recovery memo Ex.P .P. x) Shabbir Ahmad P.W.20 stated in his Statement (examination-in-chief) that he' is owner of "Al-Khalil Bakers".
CCTV Camera was installed outside his bakery . On 05.01.2918 Muhammad Yasin S.I. P.W.29 alongwith Ali Raza constable P.W.25 came to his bakery and asked him to get checked the footage saved in the CCTV Camera of evening time dated 04,01.2018, On this, they checked DVR of CCTV Camera in which they saw that a dubious person was going with the female child aged about 7/8 years. Ali Raza constable P.W.25 saved the said footage in USB P-12 from the DVR of the CCTV Camera. Muhammad Yasin S.I P.W.29 took the same into possession through recovery memo Ex.P .GG.
Shabbir Ahmad P.W.20 further Stated in his Statement (examination-in-chief ) that on 09.01.2018, Muhammad Yasin SI P. W.29 alongwith Ali Raza constable P.W.25 again came to his bakery. Ali Raza constable P.W.25 obtained the copy of CCTV footage from DVR through USB P-21 which was taken into possession through recovery memo Ex.P .HH.
Shabbir Ahmad P. W.20 further Stated in his Statement (examination-in-chief ) that on 11.01.2018 Shaukat Hussain Inspector P. W. 31 alongwith Muhammad Irshad ASI P.W.27 came to the bakery and took DVR of CCTV Footage P- 22 into possession through recovery memo Ex.PJJ. xi) Ihsan Ullah Chohan DSP P.W.32 stated in his statement (examination-in-chief ) that on 27.01.2018, Imran Ali appellant during interrogation disclosed and got recovered Clothes (shalwar P-32, Kameez P-33 (both of Mongia Colour), black cap of wool P-34 and a jacket of brown colour P-35 having one button on each shoulder , two buttons on front chest and one button on the back near the neck which were lying in the small iron box in his residential room ) worn by him at the time of occurrence from his house, which were taken into possession through recovery memo Ex,P .VV. x) Muhammad Adeel Abbas (Forensic scientist, PFSA) P.W.12 stated in his statement (examination-in-chief ) that On 11.01.2018 he received one DVR and one USB containing CCTV Footage for image enhancement of the suspect and after analysis, he issued the audio visual analysis report consisting of two pages Bearing No. 000002 7415 and 0000027416 Ex.P .0 and Ex.P .U/1.
Muhammad Adeel Abbas (Forensic Scientist, PFSA ) P.W. 12 further stated in his Statement (examination-in-chief ) that on 16.01.2018, he received one DVR and one DVR power of Adopter containing CCTV Footage for image enhancement of the suspect and after analysis, he issued audio visual analysis Supplementary Report-I consisting of two pages Bearing No. 0000027463 and 0000027464 Ex.P . V. and Ex.P . V/1.
Muhammad Adeel Abbas (Forensic Scientist, PFSA ) P.W.12 further stated in his Statement (examination-in-chief) that on 30.01.2018, Imran Ali appellant was brought to PFSA for photographic comparison with the suspect seen in the CCTV footage. After forensic analysis following observations were made between the suspect seen and CCTV footage and accused brought to PFSA: "The outline the overall face and growth pattern of moustaches was found to be similar between the suspect and the accused. Moreover , the colour of jacket and the button of the jacket were also found to the similar between suspect seen in the CCTV Footage and the accused brought to Punjab Forensic Science Agency ."
He issued report consisting of four fa pages Bearing No. 0000027465 to ^ 0000027468 Ex.P .W/1-4.
Muhammad Adeel Abbas (Forensic Scientist, PFSA ) P.W. 12 further stated in his Statement (examination-in-chief ) that no editing features were observed in the visual contents of the CCTV Footage with suspect seen in the videos.
He also issued report Bearing No. 0000027473 to 0000027475 Ex.P.X/1-3. After forensic analysis following observations were made: "The shape of the forehead was found to be the similar between the child seen in the CCTV Footage and the victim. Moreover , the colour of the clothes and Hoodie worn by the child in the CCTV Footage was found to be similar with that worn by the victim." xiii) Dr. Qurat-ul-Ain Attiq P.W.3 conducted post-mortem examination of Zainab Ameen deceased, detail of which has been given in para 6 of this judgment, therefore, there is no need to repeat the same to avoid duplication and repetition. However , medical officer has, opined that cause of death in this case was asphyxia due to throttling which was sufficient to cause death in an ordinary course of nature and caused by blunt means. She further opined that both rape and sodomy were committed with the deceased.
14. Above discussed witnesses have absolutely no grudge or ill-will to falsely implicate the appellant in the present case. They were cross-examined at length but their evidence could not be -shaken during the process of cross examination. Their evidence is straight forward, trustworthy and confidence inspiring.
15. Coming to the admission of Imran Ali appellant that he had committed rape, sodomy with Zainab Ameen deceased after kidnapping her and thereafter also committed her murder , in his reply to the charge framed by the learned trial Court on 12.02,2018, he narrated the whole story by admitting the commission of present occurrence as under: "Earlier , I have committed eight occurren ces of similar nature in the same way and manner . I used to commit sodomy with female child. Investigating Agency interrogated me with respect to Zainab's case and also asked whether I had committed any other offence of same nature. I disclosed to them that I had committed eight occurrences of similar nature. 1 used to commit such occurrence in the manner i.e. firstly . I selected the place for the commission of of fence of sodomy .
Thereafter , I enticed away or kidnapped female child on the pretext of giving her money and took her at the place which I had already selected. During the course of commission of offence, I placed my hand on the mouth of female child forcibly and as the moment, she became unconscious, I committed sodomy with her by lying her in inverted position and went away leaving her in unconscious condition. I used to kidnap the female child only with the intention to commit sodomy with her and not to kill.
On the day of occurrence, I was present in my Mohallah situated at Road Kot. Meanwhile, I saw Zainah (deceased) while coming. At that time, some shops were opened, as such, I asked her nothing and followed her. At some distance, I saw that some shops were closed where Zainab Ameen wanted to enter some house. As the moment, she put her foot on first step of the stairs of that house, I asked her that I was going to distribute the money in the adjoining street and also wanted to give her money . On my offer, she turned back and followed me. Meanwhile, I took turn in another street. She also took turn and continued to follow me. Thereafter , I took many turns to different streets and she had been following me. In the same way, I took her upto main road KALI PULLI. In order to cross the road, I hold her finger and crossed the road while walking beside her. Then I took her upto Peeruwala Road, the place which I had selected to commi t sodomy . I saw that there was a Karkhana in front of the same where a person was standing and making telephone call, so I left that place and took her towards the deserted place near drainage. There was also a heap of rubbish/trash. It was night time and dark had prevailed everywhere. I saw a wall there adjacent to the heap of trash. During the course of kidnapping, she asked me where we were going. I asked her that we would go back after doing some job. Then I placed my hand forcibly on her mouth and observed that she had become unconscious. When I became sure about her unconsciousness, I laid her on a vacant place between wall and heap of trash, then I committed sodomy with her and rape as well from her back side while lying her in inverted condition. After satisfying my lust, I left her in an unconscious condit ion and went to attend MEHFIL- E-NAA T in the nearby MASJID. When I freed from Mehfil and came back to my Mohallah at about 11.00 P.M, I saw the presence of police vehicle. I enquired from a child of the Mohallah that what happened there? He told me that a minor girl had gone to recite a SIPARA (The Holy Quran) but did not come back to home. He further told me that her close relatives i.e. uncle, brothers and others were searching her. I enquired about her parents who told me that her parents were not present there. I thought they might have died but on my query , he told me that in fact her parents had gone to Saudi Arabia for performance of UMRA. On hearing this, I shocked, felt much shame and repentance over my obnoxious act. I felt that as my soul had left me alone and was no more existed in me. I started weeping at my own. So I came to the independent room of my home and started shedding tears. On that night, I had realized that I never committed goodness in my life. Now I have repentance over my act and too much worried due to commission of murder of Zainab, minor girl. I don't want to proceed further with the trial. I have narrated true facts of the commission of murder of Zainab and admit all the charges read over to me."
Imran Ali appellant also admitted above discussed incriminating evidence put to him during his statement recorded under Section 342, Cr.P.C. (Questions No. 2) 5, 6, 7, 8, 9, 19, 21, 27, 31, 32, 34). He also admitted the commission of present occurrence in para 2 of his appeal filed through jail and has requested in prayer clause for reduction of his sentence, the relevant portion in para 2 and prayer clause of the appeal are reproduced as under: {{URDU TEXT}} Above discussed admission of Imran Ali appellant regarding commission of present occurrence at different stages has supported the evidence of the prosecution. Reliance is placed on case titled "Malik Muhammad Mumtaz Qadri vs. The State and others" (PLD 2017 SC 16) in which Hon'ble Supreme Court of Pakistan has observed at pages 32 and 33 as under: "9. In a case of murder two questions are of paramount importance and they are
(i) was it the accused person facing the trial who had committed the murder in issue?
(ii) if it was the accused person facing the trial who had committed the murder in issue then did he have any factual or legal justification for committing that murder?"
In the case in hand the answer to the first question had been provided by Malik Muhammad Mumtaz Qadri appellant himself by admitting at every stage of the case that he, and he alone, had committed the murder of Mr. Salman Taseer . During the investigation, in his confessional statement recorded by a Magistrate under Section 164, Cr.P.C. in his reply to the Charge framed by the trial Court, through some suggestions put by his learned counsel to different prosecution witnesses, in his statement recorded under Section 342, Cr.P.C., in his written statement filed under Section 265-F(5), Cr.P.C., through the final arguments advanced by his learned counsel at the conclusion of the trial and also before the High Court, at the leave granting stage before this Court and during the submissions made by his learned counsel before this Court at the time of hearing of the present appeals it had and has consistently been maintained by Malik Muhammad Mumtaz Qadri and his learned counsel that Mr. Salman Taseer had been done to death by none other than Malik Muhammad Mumtaz Qadri appellant at the date, time and place alleged by the prosecution. In these circumstances the question as to who had committed the murder of Mr. Salman Taseer may not detain us any further ."
Further reliance is placed on case titled " Nasir Mehmood and another vs. The State" (2015 SCMR 423 ).
16. In view of the above discussion, we are of the view that the prosecution has proved its case beyond shadow of doubt against the appellant through the evidence discussed earlier .
17. Coming to the quantum of sentence, having considered all the pros and cons of this case, the irresistible conclusion drawn by this Court is that the appellant has committed murder of Zainab Arneen deceased aged about 7/8 years after kidnapping, committing rape and sodomy with her. We are unable to find out any mitigating circumstance in favour of the appellant we are of the considered view that there is no extenuating circumstances in favour of Imran Ali appellant for extending him any benefit regarding his sentence. He does not deserve any leniency .
18. It is important to note here that the learned trial Court did not mention correct provision of law while convicting Imran Ali appellant in offence under Section 376, PPC which is 376(3), PPC, henc e, Imran Ali appellant is deemed to be convicted in of fence under Section 376(3), PPC.
19. For the foregoing reasons, the conviction and sentences of Imran Ali appellant awarded by the trial Court are maintained and upheld. The compensation, fine awarded by the trial Court and sentence in default thereof are also maintained. Resultantly , Criminal Appeal filed by Imran Ali appellant is dismissed and death sentence awarded to Imran Ali appellant on all counts is CONFIRMED . C.S.R No. 01-T of 2018 is answered in AFFIRMA TIVE.