SHEIKH ABDUR RAZZAQ, J.--- Briefly stated the facts are that complainant Safarat Hussain (P.W.4) is a resident of Alipur. His daughter Mst. Ayesha Anam aged about 7/8 years has been going to Jamia Masjid Ghousia for learning Holy Qura'n alongwith his brother Muhammad Junaid. On 25-7- 1998, she alongwith her brother Muhammad Junaid went to the mosque at 6-30 a.m. At 7-30 a.m.
Muhammad Junaid returned to the house and on inquiry about Mst. Ayesha Anam, informed his mother, that Hafiz Muhammad Shabbir had detained her on the first floor of the mosque for preparing Sharbat and had allowed all of them to go to their house. Thereupon, the complainant went to the mosque and found it locked. When he returned to his house, he found that his daughter Mst. Ayesha Anam was present in the house and was weeping. On his inquiry, she informed him as well as her mother that Hafiz Muhammad Shabbir had raped with her. Her clothes were also found stained with blood. Thereafter, the complainant went to the police station and lodged report Exh.P.B.
2. Nusrat Ali, A.S.-I. (P.W.9) was posted at Police Station Sihala at the relevant time. On the basis of complaint Exh.P.B., he lodged formal F.I.R. Exh.P.B./1. He sent Mst. Ayesha Anam victim of this occurrence to Poly Clinic Hospital, Islamabad through Asad Abbas, Constable for medical examination. He then made for the place of occurrence alongwith Muhammad Ashraf and Asghar Constables. He tried to arrest the accused but could not lay his hand upon him. He again went to the hospital where the lady constable Muzammal Firdaus produced blood-stained clothes of the victim consisting of Shalwar P.2 and Qamiz P.3 which he secured vide memo. Exh.P.C. In presence of Dr. Waheed Arshad (P.W.5) and Muhammad Daud (not produced). He also recorded the statement of Mst. Ayesha Anam under section 161, Cr.P.C. He again went to the place of occurrence and prepared rough site plan Exh.P.F. On the same day, he arrested the accused and handed over a parcel to the Moharrir for keeping the same in Malkhana. On 26-7-1998, he got the accused medically examined regarding potency. On the same day, he also recovered mattress P.1 at the instance of the accused and prepared memo. Exh.P.A. After usual investigation, he submitted the challan in Court.
3. A charge under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was framed against the accused to which he pleaded not guilty and claimed trial.
4. In order to bring home guilt to the accused, prosecution examined P.W.1 Mst. Ayesha Anam alleged victim of this occurrence who corroborated the complainant version appearing in complaint Exh.P.B. Mumtaz Hussain (P.W.2) also deposed that he had found Mst. Ayesha Anam weeping near the stairs of the mosque on the relevant date and had also seen the Shalwar of the victim stained with blood. P.W.3 Muhammad Younas is a Witness of recovery of mattress P.1. Safarat Hussain (P.W.4) is the complainant and has corroborated his version appearing in Complaint Exh.P.B. Dr. Waheed Arshad (P.W.5) is a witness of recovery of Shalwar and Qameez of the victim which were produced by the lady constable and were secured vide memo. Exh.P.C. Asad Abbas (P.W.6) deposed that on 27-7-1998, one sealed parcel consisting of swabs was given to him by Abbas Moharrir for onwards transmission to the office of Chemical Examiner which he delivered there intact on the same day. On 28-7-1998, he was given two other sealed parcels which he delivered in the office of Chemical Examiner on the same date. Muhammad Abbas (P.W.7) deposed that on 25-7-1998., Nusrat Ali, A.S.-I. Had given him two parcels for keeping the same in safe custody. On 26-7-1998, he was given another parcel for the same purpose. He further deposed that on 27-7-1998 and 28-7-1998, he delivered one parcel and two parcels respectively to Asad Abbas (P.W.6) for onwards transmission to the office of Chemical Examiner, Rawalpindi. The lady doctor Farha Kausar (P.W.8) deposed that on 25-7-1998 he examined Mst. Ayesha Anam aged 7 years at 1-00 p.m. And on local examination, found that hyman was fresh torn and a tear on perineum 1 x 1/2 c.m. Long, with slight bleeding from the tear, was present and the area was found tender. She took two swa bs from vagina and vulva and sent the same for chemical analysis. She made a report Exh.P.D. Which bears her signatures. She further deposed that on the same day, the victim was admitted in Gynae Ward and her examination was conducted under anesthia. That she found a tear on perineal area and the same was stitched. Nusrat Ali (P.W.9) is the Investigating Officer of this case, whose evidence has already been discussed above.
5. On 22-9-1999, statement of the accused was recorded on the point of potency, wherein he admitted that he was potent.
6. On 23-9-1999, the learned D.D.A. Produced reports of Chemical Examiner Exhs.P.G. And P.H. And closed the case for prosecution.
7. When examined under section 342, Cr.P.C. The accused denied the prosecution version and stated that he had been implicated in this case falsely. In reply to question as to why the P.Ws.
Have deposed against him and why he had been implicated falsely, he stated as follows:-- "I had beaten the victim twice or thrice for not reciting the Holy Qur'an. Her parents had a grudge, about it. No witness from the close by locality was produced. The P.Ws. Are not independent witnesses. The father of the victim belongs to other Sect, and he did not like for my remaining as a Imam in the said mosque. I have never been involved in any criminal case prior to the present one."
The accused neither produced any defence evidence nor chose to examine himself under section 340(2), Cr.P.C.
8. After going through the evidence produced by the prosecution and hearing learned counsel for the parties, the learned trial Court convicted the accused vide judgment, dated 25-9-1999 and sentenced him to undergo R.I. For 25 years. He, however, extended benefit of section 382-B, Cr.P.C.
The accused/appellant has felt aggrieved of the said judgment and filed this appeal.
9. Arguments have been heard and record perused.
10. Contention of learned counsel for the appellant is that he has been implicated in this case falsely as the complainant belonged to other Sect and did not like his posting there, that no independent witness of the locality has been examined to corroborate prosecution version which has come on record through the statements of Safarat Hussain (P.W.4) as well as Mst. Ayesha Anam (P.W.1), that there had been no complaint against the conduct of the accused/appellant from the residents of the locality whose children had been attending the said mosque for reciting Holy Qur'an, that prosecution did not examine any other student to corroborate the statement of the victim, that there is also no eye-witness of this occurrence and the entire prosecution case rests upon hearsay evidence.
11. Conversely, the impugned judgment has been supported by the learned A.A.-G. For the State.
12. We have given our anxious consideration to the submission made by the learned counsel for the parties.
13. As per complaint Exh.P.B., the stand of complainant (P.W.4) is that his daughter Mst. Ayesha Anam aged 7 years and his son Muhammad Junaid had been going to recite Holy Qur'an in the mosque of which Hafiz Muhammad Shabbir was the Imam, that on the day of occurrence his son returned and informed that Mst. Ayesha Anam had been detained by the accused on the pretext of preparing Sharbat for him, that he (P.W.4) immediately went to the mosque and found it locked, that he returned and found his daughter in the house who complained that she had been subjected to Zina-bil-Jabr by the accused/appellant. This stand of complainant finds corroboration from the oral statements of victim Mst. Ayesha Anam (P.W.1) as well as Mumtaz Hussain (P.W.2) who found the victim weeping in the stairs of the mosque and had found her Shalwar stained with blood. The ocular version further stands corroborated from the statement of Lady Doctor Farha Kausar (P.W.8) who examined her and issued MLR Exh.P.D. She further deposed that she collected swa bs for sending to the Chemical Examiner. The reports of Chemical Examiner Exhs.P.G. And P.H. Further prove that victim was subjected to Zina. Again it as admitted fact that the accused/appellant was capable of committing this offence as he was potent as per his own statement recorded on 22-9-1999.
14. Learned- counsel for the accused/appellant has pleaded that non-examination of any independent witness of the locality creates doubt in the prosecution version. We do not find any force in this submission, as in the given circumstances there was no question of examining any independent witness, as it has come on record that the victim was detained on some pretext while other students were let off. Again the stand of accused/appellant is that his appointment was not liked by the father of victim who belonged to other Sect and that is why he has implicated him in this case. This stand is not only devoid of any force, but also does not appeal to reason as no father will put the honour of his daughter at stake by imputing such act to his daughter. Thus, we repel the defence version being devoid of any force.
15. The upshot of above discussion is tha prosecution has succeeded in establishing its case against the accused/appellant. The trial Court has convicted the accused/appellant in accordance with law: However, keeping in view the age of the appellant, we feel that the sentence awarded to the appellant is a bit harsh. Accordingly, we reduce the sentence to 14 years. However, benefit of section 382-B, Cr.P.C. Granted to the appellant shall remain available to him.
16. With the modification in the sentence, this appeal stands dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.