IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
Mr. Justice Jamal Khan Mandokhel 
 
 
Criminal Appeal No.3-Q and  
Criminal Petition No.29-Q of 2021 
(Against the judgment dated 22.02.2021 passed by the High Court of 
Balochistan, Sibbi Bench in Crl. Revision and Appeal No.(S)30 & 114 
of 2019) 
 
 
Abdul Ghani 
(in both cases) 
 
 
…Appellant/Petitioner (s) 
 
 
 
 
 
Versus 
 
 
 
 
 
 
  
The State through P.G. Balochistan & another 
(in Cr.A.3-Q/2021) 
The State through P.G. Balochistan  
(in Cr.P.29-Q/2021) 
 
…Respondent(s) 
 
For the Appellant/ 
Petitioner(s): 
Mr. Ahsan Rafiq Rana, ASC 
 
(in both cases) 
 
For the State: 
Mr. Abdul Razzaq Sher, ASC 
 
(in both cases) 
 
For the Complainant: 
Mr. Noor Jahan Kahor,  
 
Addl. Prosecutor General Balochitan 
 
(in both cases) 
 
Date of hearing: 
03.11.2021. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- The appellant, indicted 
for violating Fazeela prosecutrix, 9, was returned a guilty verdict by a 
Juvenile Court at Naseerabad, District Dera Murad Jamali; convicted 
under  section 376(1) of the Pakistan Penal Code, 1860 he was 
sentenced to 10-years R.I. vide judgment dated 07.08.2019, enhanced 
to imprisonment for life by a learned Division of Bench of the High 
Court of Balochistan vide impugned judgment dated 22.02.2021, vires 
whereof, are being assailed through the captioned petition as well as 
appeal as of right. 
2. 
 
According to the prosecution, the prosecutrix Fazeela Bibi 
(PW-1) accompanied by her sister Shireen (PW-2) was grazing goats 
when the appellant, no other than her father’s first cousin, taking 
advantage of solitude violated her within the view of her younger sister; 
she was found lying unconscious when pursuant to information 
Criminal Appeal No. 3-Q of 2021 
2
conveyed by Shireen, the family approached her lying unattended. This 
happened on 12.7.2018 at 4:00 p.m. whereas the report was laid with 
the police at 5:00 p.m. followed by medical examination of the victim on 
13.7.2018 that clinically confirmed carnal assault; samples dispatched 
for generation of D.N.A. profile as well as confirmation of seminal stains 
were returned in the negative.  
2. 
 
Learned counsel for the appellant contends that the 
prosecutrix as well as her younger sister, being impressionable children 
of extreme tender age, respectively 9 and 8 years, were not worthy of 
credit and, thus, implicit reliance upon their testimony is an option 
fraught with the potential risk of error, a fundamental flaw that escaped 
notice by the courts below; negative forensic report inescapably casts 
shadow on the reliability of prosecution case, benefit whereof cannot be 
withheld; it is alternately argued that in any case there was no occasion 
for the High Court to enhance the legal sentence particularly in view of 
tender age of the appellant with no history to haunt his past; tried as a 
juvenile, the wage settled by the learned trial Judge could not be viewed 
as inappropriate warranting interference by the High Court, concluded 
the learned counsel. The learned Law Officer has faithfully defended the 
impugned judgment; according to him, wage settled by the High Court 
is most conscionable in circumstances. 
2. 
 
Heard. Record perused. 
3. 
 
The incident occurred in a remote rural part of the Province 
of Balochistan when the prosecutrix’s father was away to Quetta and 
rushed back upon receipt of information. In this backdrop, the crime is 
reported with a remarkable promptitude; petitioner being a close family 
relation, the timeframe does not space any hypothesis of consultations 
or deliberations. The child being in tender nubility is clinically 
established to have been violated, a circumstance that required no 
further forensic corroboration. Negative reports do not reflect upon the 
veracity of prosecution case for reasons more than one. D.N.A. profile 
generation though a most meticulous method with unfailing accuracy, 
nonetheless, requires an elaborate arrangement about storage and 
transportation of samples, a facility seldom available. Even a slightest 
interference with the integrity of samples may alter the results of an 
analysis and, thus, the fate of prosecution case cannot be pinned down 
to the forensic findings alone, otherwise merely presenting a 
corroborative support, hardly needed in the face of overwhelming 
evidence, presented by the prosecution through sources most 
Criminal Appeal No. 3-Q of 2021 
3
unimpeachable. Penetration is sufficient to constitute the offence and 
there are many factors, physical as well as psychological, that may 
intervene during a carnal assault, impeding complete consummation of 
carnal assault. Such subsequent failures do not redeem the enormity of 
initial assault, a case otherwise established to the hilt. Given the 
violence inflicted upon the child, enhancement of appellant’s sentence 
by the High Court, his juvenility notwithstanding, nonetheless, cannot 
be viewed as excessive or harsh. Petition as well as appeal fail. 
Dismissed.   
 
 
Judge 
 
Judge 
 
 
Judge 
Quetta, the 
3rd November, 2021 
Azmat/- 
