2018 PLP 105 (YLRN)
HASHAM JAMAL — Petitioner Versus The STATE and another — Respondents
| Citation | 2018 PLP 105 (YLRN) |
| Forum / Court | Lahore (Rawalpindi Bench) |
| Bench Members | Qazi Muhammad Amin Ahmed, J |
| Parties | HASHAM JAMAL — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2018 PLP 105 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 105 (YLRN)?
The case was heard and decided by the Lahore (Rawalpindi Bench) bench comprising: Qazi Muhammad Amin Ahmed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 105 (YLRN) (HASHAM JAMAL — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Jalil ur Rehman for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 292, 367-A & 377
Qanun-e-Shahadat (10 of 1984), Ss. 46-A & 164
Sale, etc., of obscene books, etc., kidnapping or abducting person in order to subject person to unnatural lust, sodomy
Forensic evidence
Scope
Prosecution case was primarily hinged upon forensic evidence
Accused was found in possession of a branded cell phone handset with memory card supporting an inbuilt camera
Upon forensic analysis, stills, capturing graphic details of the assault were retrieved; victim was figured therein which spoke volumes for his subsequent silence
Forensic Report in addition to the stills, generated separately, confirmed incidence of assault; pictures were inescapably correlated with the narrative furnished by the victim, antedated in point of time, inexorably coinciding with the time of assault, subsequently shared by the victim with his father
Contention that in absence of medical evidence, accused's culpability called for further inquiry was besides the mark
Articles 46-A & 164 Qanun-e-Shahadat, 1984 had taken cognizance of change in new era of forensic evidence
Statement of victim, supported by the other material prima facie sustained the charge
Bail was refused accordingly. [Para. 3 of the judgment] Ch. Mehmood Akhtar Khan for the Complainant.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Hashim Jamal, petitioner herein, is accused of having carnal knowledge against order of nature alongside Babar Hussain co-accused with Jamal Hassan, 16; the victim was filmed with a cell phone handset during the assault and let off with a threat to remain silent; his father learnt about the occurrence when one of his relatives shared the details after the pictures taken by the accused went viral; upon query, the victim divulged all the details and the case was finally registered vide FIR No.101 under Sections 292, 367-A, 377 of the Pakistan Penal Code, 1860 with Police Station Saddar Chakwal on 2-5-2017. The petitioner was arrested on 4-5-2017 while Babar Hussain co-accused is still away from the law.
2. Heard. Record perused.
3. Prosecution case is primarily hinged upon forensic evidence, as during the course of investigation, the petitioner, at the time of his arrest, was found in possession of a branded cell phone handset with two G.B. memory card supporting an inbuilt camera. Upon forensic analysis, stills, capturing graphic details of the assault were retrieved; the victim unmistakably figures therein and this speaks volumes for his subsequent silence. The forensic report in addition to the stills, generated separately, confirms incidence of assault on 9-8-2016 at 08:03 p.m; the pictures are inescapably correlated with the narrative furnished by the victim, antedated in point of time, inexorably coinciding with the time of assault, subsequently shared by the victim with his father. Thus, argument that in the absence of medical evidence, petitioner's culpability calls for further inquiry, is beside the mark. Criminal justice has entered into a new era of forensic evidence; Articles 46-A and 164 of the Qanun-e-Shahadat Order, 1984 take cognizance of this change; statement of the victim, supported by the above material, prima facie, sustain the charge. Circumstances never perjure and forensically verifiable incriminatory information, in appropriate situations, can aptly provide requisite corroboration, earlier solicited through old means. The above material constitutes 'reasonable grounds' within the contemplation of Section 497 of the Code of Criminal Procedure, 1898 and in the absence of any consideration warranting further probe, the petitioner cannot claim the concession. Crl. Misc. No.1032-B of 2017 fails. Petition is Dismissed. WA/H-13/L Bail refused.