IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Criminal Petition Nos.92-K and 100-K of 2021 
(Against the order dated 9.3.2021 passed by the High Court of Sindh 
at Sukkur in Cr. A. Nos.4 & 79/2015) 
 
 
 
Manzoor Ahmed and others  
(in Crl. P. No.92-K/2021) 
Akbar 
(in Crl. P. No.100-K/2021) 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State 
(in both cases) 
 
 
…Respondent(s) 
 
 
For the Petitioner(s): 
Raja Jawad Ali Saahar, ASC 
 
(in Cr. P.92-K/2021) 
 
Mr. Ejaz Ahmed Awan, ASC 
 
(in Cr. P.100-K/2021) 
 
 
 
 
For the State: 
Mr. Zafar Ahmed Khan,  
 
Addl. Prosecutor General Sindh  
 
(in both cases) 
 
Date of hearing: 
12.10.2021. 
 
ORDER 
 
 
Qazi Muhammad Amin Ahmed, J.- Mst. Pathani, 16, was 
forcibly abducted from her house located within the precincts of Police 
Station Khairo Diro District Jamshoro at 11:00 p.m. on 19.3.2012; her 
father Hamzo Khan (PW-1) nominated Baqir, Akbar sons of Ghulam 
Hussain, Fida Hussain, Aslam son of Akbar Rodani, Ahmad son of 
Ghulam Hussain, Manzoor, Ali Muhammad sons of Ahmed, Ilahi 
Bukhsh, Taj Muhammad, Dawan Hussain sons of Faiz Muhammad, 
Niaz Hussain son of Haji Muhammad as suspects; according to him, the 
accused, variously armed, barged into his dwelling house and took 
away the prosecutrix within the view of the family members, who upon 
resistance were thrashed by the intruders; the injured were medically 
Criminal Petition Nos.92-K and 100-K of 2021 
 
2
examined on 20.03.2012. As the investigation progressed, the 
prosecutrix was recovered from Baqar’s house, absconding co-accused, 
who himself fled from the scene on 24.07.2012; medical examination on 
the following day confirmed carnal assault on the prosecutrix with a 
pregnancy of nine weeks; in her statement, she blamed Akbar petitioner 
(in Cr. P.100-K) alongside Baqar, Fida Hussain and Aslam, absconding 
till date, for having repeatedly molested her. Barring the absconders, 
the accused were indicted by a learned Addl. Sessions Judge at Sehwan 
who returned them a guilty verdict, vide judgment dated 04.01.2014, 
detailed as below: 
 
“All the accused 
U/s 147/148/149 PPC 
 
3-years with fine of Rs.200/- 
each in default 20-days SI  
U/s 337-L(ii) PPC 
2-years RI with Daman/fine 
of Rs.300/- each injured, in 
default SI for one month and 
also Daman of Rs.500/- to 
Sain Bux injured and SI for 
one month in default. 
U/s 337-A(ii) PPC 
1-year RI with fine/Arsh @ 
5% 
i.e.1,07000/- 
jointly 
payable by all accused to 
Mazhar Hussain injured  with 
further 3-years RI 
U/s 363 PPC 
5-years 
RI 
with 
fine 
of 
Rs.10,000/- to be paid to 
victim Mst. Pathani and six 
months SI in case of default  
Akbar, accused 
U/s 376(2) PPC  
 
Life imprisonment with fine of 
RS.50,000/- to be paid to the 
victim or SI for six months in 
default of payment 
 
 
Benefit 
of 
Section 
382-B 
Cr.P.C. is extended to all the 
accused  
 
all the accused, except Akbar, 
were 
acquitted 
from 
the 
charge of rape.” 
 
 
The High Court upheld the convictions as well as sentences 
consequent thereupon vide impugned judgment dated 23.06.2021, 
being separately assailed by the convicts through captioned captions; 
bound by a common thread, these are being decided through this single 
judgment.  
Raja Jawad Ali Saahar, ASC for Manzoor Ahmed, Ali Muhammad, 
Niaz Hussain Illahi Bux, Taj Muhammad, Dawan and Ahmed (in Cr. P. 
No.92-K/2021) does not contest convictions and instead prays for 
Criminal Petition Nos.92-K and 100-K of 2021 
 
3
reduction of sentence to the period already undergone by them, in view 
of the riders provided under subsection 2 of section 337 N of the 
Pakistan Penal Code, 1860l; he pledges payment of compensation to the 
injured as directed by the learned trial Court. Learned Law Officer is not 
averse to the prayer made at the bar, as according to him, the case of 
aforesaid convicts, being first offenders, is covered by subsection 2 of 
section ibid. Criminal Petition No.92-K of 2021 is dismissed as not 
pressed, however, sentences awarded to the petitioners therein are 
reduced to the period already undergone by them; upon payment of 
compensation, they shall be released forthwith, if not required to be 
detained in any other case. 
2. 
 
Learned counsel for Muhammad Akbar petitioner contends 
that in the absence of a D.N.A. analysis, the petitioner cannot be 
saddled with the responsibility of carnal assault merely on solitary 
statement of the prosecutrix; adds that the prosecutrix was not 
recovered from petitioner’s custody, a circumstance that escaped notice 
of the learned courts below; complainant cast a wider net and it would 
be unsafe to maintain the conviction with a lifetime incarceration, 
concluded the learned counsel. The learned Law Officer contends that 
an hapless minor girl callously dragged out from the safety of her home 
was jointly molested, a beastly act, medically confirmed with a fetus in 
the uterus, the petitioner, being one of the offenders, has already 
leniently been visited with the alternate penalty of imprisonment for life; 
he has taken us to the statement of the prosecutrix to argue that 
petitioner’s guilt is proved to the hilt.  
3. 
 
Heard. Record perused. 
4. 
 
Five members of the family with stamp of injuries 
unanimously blamed the petitioner and co-convicts for having intruded 
into the dwelling to abduct the prosecutrix; she was recovered by the 
police after almost four months from the house of Baqir co-accused, 
still away from law; medical evidence confirmed carnal assault with a 
fetus in its aftermath, leaving no space to entertain any hypothesis 
other than sexual assault; witnesses in a comfortable unison faced 
directionless cross-examination, mostly comprising of suggestions 
vehemently denied,  without embarrassment; most inspiring is 
statement of the prosecutrix, having endured the trauma, she related 
graphic details of abduction and subsequent treatment meted out 
during her captivity. In a rural neighbourhood, it is hard to believe that 
Criminal Petition Nos.92-K and 100-K of 2021 
 
4
a family would join hands to level a false accusation at the cost of a 
perennial stigma, that too, without any motive or reason. Even 
investigative conclusions do not admit the hypothesis of a false case nor 
the learned counsel his persistent denial, notwithstanding, has not 
been able to point out any flaw or infirmity in the statements of the 
witnesses. In particular, statement of the prosecutrix does not admit a 
slightest doubt and as such by itself constitutes formidable evidence to 
independently drive home the charge with the support of irrefutable 
clinical 
evidence, 
preponderance 
whereof 
does 
not 
require 
a 
confirmatory D.N.A. profile generation, a facility otherwise scarcely 
available way back in the year 2012; appraisal of evidence by the courts 
below, being in accord with the principles of safe administration calls 
for no interference. Petition fails. Leave declined.   
 
 
 
  
 
 
Judge 
 
 
 
Judge 
 
Islamabad, the 
12th October, 2021 
Azmat/- 
