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Official Citation: 2026 LHC 4772
Court / Jurisdiction: Lahore High Court
Parties: Abid Ali vs The State etc
Ruling Summary: This decision was rendered by the Lahore High Court, officially reported as 2026 LHC 4772. In this matter between Abid Ali and The State etc, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Lahore High Court (Honorable Mr. Justice Tariq Mahmood Bajwa) DECISION DATE: 03-06-2026 TAGLINE: A conviction for sexual violence rests not on the multiplicity of witnesses but on the credibility of the victim, reinforced by trustworthy corroborative evidence. CASE DETAILS: Crl. Appeal 20513/21 ============================================================ Stereo. H C J D A 38. Judgment Sheet IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT
Crl. Appeal No.20513/2021 (Abid Ali vs. The State and another)
Crl. Appeal No.20738/2021 (Shafqat alias Bagga vs. The State and another)
Crl. Appeal No.26164/2021 (The State vs. Abid Ali and another)
Capital Sentence Reference No.03-T/2021 (The State vs. Abid Ali and another)
JUDGMENT
Date of hearing: 03.06.2026 Appellant Abid Ali by: Mr. M. Sher Gul Qureshi, Advocate. Appellant Shafqat alias Bagga by: Ch. Muhammad Qasim Arain, Advocate. State by: Ms. Rahila Shahid, Deputy Prosecutor General.
TARIQ MAHMOOD BAJWA, J.:- Through this single judgment, we intend to decide Crl. Appeal No .20513/2021 titled: ‘Abid Ali vs. The State and another ’, Crl. Appeal No .20738/2021 titled: ‘Shafqat alias Bagga vs. The State and another ’, Crl. Appeal No.26164/2021 titled: ‘The State vs. Abid Ali and another’ , as well as Capital Sentence Reference No.03-T/2021 titled: ‘The State vs. Abid Ali and another’, as these are arising out of one and the same judgment dated 20.03.2021 (hereinafter ‘the impugned judgment’ ), passed by the learned Judge Anti-Terrorism Court -I, Lahore/Camp at District Jail, Lahore (hereinafter ‘the trial court’). 2. Abid Ali son of Akbar Ali, Caste Jatt, resident of Chak No.160/HR, Tehsil Fort Abbas, District Bahawalnagar and Shafqat Ali @ Crl. Appeal No.20513/2021 Crl. Appeal No.20738/2021 Crl. Appeal No.26164/2021 Capital Sentence Reference No.03-T/2021
(2) Bagga son of Allah Ditta, Cate Muslim Sheikh, resident o f Chak No.192/7- L, Tehsil Haroonabad, District Bahawalnagar (hereinafter ‘the appellants’) were implicated in case F.I.R. No. 1369/2020, dated 09.09.2020, registered under Sections 365-A, 392, 376(ii), 427, 201, 34, 337L(ii), 337F(i) of the Pakistan Penal Code, 1860 (hereinafter ‘PPC’) and Section 7 of the Anti - Terrorism Act, 1997 (hereinafter ‘ATA’) with Police Station Gujjer Pura , District Lahore. The trial court seized with the matter vide the impugned judgment, convicted and sentenced the appellants as under:- ➢ Under Section 376(ii) PPC, Both appellants were convicted and sentenced to Death. They were ordered to be hanged by their necks until they are dead. ➢ Under Section 365-A PPC, Both appellants were convicted and sentenced to imprisonment for life and properties of both the convicts/appellants were ordered to be forfeited in favour of State. ➢ Under Section 392 PPC, Both appellants were convicted and sentenced to imprisonment for 14 Years RI with fine of Rs.2 -lac and in default of payment of fine, each convict shall undergo six months S.I. ➢ Under Section 440 PPC, Both appellants were convicted and sentenced to Five years R.I, each with fine of Rs.50,000/ - each and in default of payment, each convict sha ll further undergo six months S.I. ➢ Under Section 337F(i) PPC, Both appellants were convicted and sentenced to pay Daman Rs.50,000/- each to the victim. ➢ Under Section 337L(2) PPC, Both appellants were convicted and sentenced to pay Daman Rs.50,000/- each. ➢ All sentences were ordered to run concurrently and benefit of Section 382-B Cr.P.C. was extended to each convict.
3. The prosecution story of the case mentioned in the FIR (Exh.PA), lodged on the basis of complainant’s (PW -35) application for registration of FIR (Exh.PA/1) is that on 09.09.2020 at about 3:00 a.m., the complainant, Sardar Shahzad (PW -35), received a call from his close relative, Mst. Sana (Pseudonym) (PW -32/victim), informing him and conveying her location that her vehicle had stopped due to shortage of fuel. The complainant advised her to contact the Motorway Police Helpline (130) and immediately set out from Gujranwala along with his friend Junaid (since given up). At about 4:00 a.m., they reached the indicated location where Crl. Appeal No.20513/2021 Crl. Appeal No.20738/2021 Crl. Appeal No.26164/2021 Capital Sentence Reference No.03-T/2021
(3) they found the driver's side window pane of the vehicle broken, blood stains visible on the door, and the vehicle otherwise abandoned. Alarmed by the situation, they commenced a search for the victim and shortly thereafter noticed her approaching with her children from a ‘katcha path ’ situated between the motorway and the adjoining jungle. The victim disclosed that while she was waiting for fuel, two unknown pers ons, armed with a pistol and a danda, arrived at the scene, smashed the vehicle's window, forcibly dragged her and her children out of the car, and took them into the nearby jungle where she was subjected to rape by both assailants one after the other. She further alleged that the culprits decamped with her handbag containing cash amounting to Rs.100,000/ -, two gold bangles, one bracelet, the registration book of the vehicle, and three ATM cards. 4. Upon completion of the investigation, a report under Sec tion 173 Cr.P.C. was duly prepared and submitted before the learned trial court. The trial court formally indicted the appellant s to which they pleaded not guilty and claimed trial. During the trial proceedings, the prosecution produced thirty-seven (37) prosecution witnesses in support of its case. Following the prosecution’s evidence, the statements of the appellant s as required under Section 342 Cr.P.C. were recorded. In their statements, they pleaded their innocence and refuted all the allegations made against them in the prosecution evidence. Upon the completion of the trial, the trial court convicted and sentenced the appellants as mentioned and detailed above. 5. We have heard the arguments advanced by learned counsel for both sides and perused the record available on the file. 6. The occurrence has taken place on 09.09.2020 at about 3:00 a.m. and the FIR was registered at 10:10 a.m. on the same day. Considering the traumatic nature of the occurrence, the nightmare suffered by the victim, the time consumed in tracing and rescuing her, and the subsequent reporting process, the intervening distance between the place of occurrence and police station, the FIR was lodged with reasonable promptitude. Such prompt reporting lends assurance to the prosecution version and unmistakably reflects the spontaneity, immediacy and urgency with which the occurrence Crl. Appeal No.20513/2021 Crl. Appeal No.20738/2021 Crl. Appeal No.26164/2021 Capital Sentence Reference No.03-T/2021
(4) was brought to the notice of the relevant police , leaving no room for deliberation, consultation or fabrication. 7. ‘Victim’ is not merely the word of six letters rather in the offences relating to the sexual assault, is the body, with whom detestable and abominable sexual act was committed, therefore, the solitary statement of the victim is sufficient to uphold a convic tion, provided it is trustworthy, confidence-inspiring, and corroborated by other evidence. The second source of Islamic Law, also recognized/endorsed it. It is provided at page 12 (v) of the book “Islamic Law of Evidence” authored by Dr. Anwarullah, Senior Advisor, Federal Shariat Court of Pakistan, published in 1994 by ‘Shariah Academy, International Islamic University, Islamabad.’ as under:- “Proof of rape. According to some jurists if a woman was subjected to zinā by force whether through abduction or otherwise her single testimony as victim will be sufficient proof for the offence of the offender and he shall be liable to hadd of zinā or any other grave punishment and she shall not be punished at all. It is based on the hadith of the Holy Prophet related on the authority of Wa'il Ibn Hajar who stated that a woman was going to mosque for her morning prayer in the period of the Holy Prophet. Whi le she was on the way in darkness that a person met her and made sexual intercourse with her forcibly and then ran away. She was there when a person came to her and she told him the incident. He went in search of the culprit. Meanwhile some other persons c ame to her and she related the incident to them. They also went in search of the actual culprit. On the way they met the first man who was also searching the actual culprit but was in terrible condition. They caught him and brought him to the woman. She confirmed that he is the same person who committed sexual intercourse with her forcibly. Then they all came to the Holy Prophet. The Holy Prophet said to him, "Have you committed this offence?" He remained silent. The woman admitted before the Holy Prophet t hat this is the same person who made illicit sexual intercourse with her. The Holy Prophet ordered to stone him to death 1. However such testimony must be supported with other corroborations failing which the accused shall not be punished with hadd.”
It is settled principle laid down by the Law as well Courts that in such cases, multiple witnesses are not required rather the testimon y of the victim, if
1 Abu Dawud, Al Sajistani, Sulayman, Al-Sunan, 388. Crl. Appeal No.20513/2021 Crl. Appeal No.20738/2021 Crl. Appeal No.26164/2021 Capital Sentence Reference No.03-T/2021
(5) found credible and supported by medical and forensic evidence, carries significant probative value. Reliance in this respect is placed on “ Ibrar Hussain and others versus The State and another ” (2007 SCMR 605 ) and Haris Ali versus Muhammad Shabbir and another” (2026 P Cr. LJ 526). 8. The pivotal question that arises for determination is as to how the appellants were brought within the net of suspicion and ultimately connected with the commission of the offence. The answer lies in a seamless chain of scientific and investigative evidence, each link reinfor cing the other. Rizwan Khan, In charge Crime Scene Unit, Punjab Forensic Science Agency (PW-7), while processing the crime scene, observed blood stains on the exterior side of the driver’s door of the victim’s vehicle and collected blood swabs for DNA profiling. These swabs were duly forwarded to the Punjab Forensic Science Agency for forensic examination. The investigation thereafter achieved a decisive breakthrough when Qazi Laeeque Ahmad, Junior Forensic Scientist (PW -23), testified that the DNA profile generated from the blood recovered fro m the vehicle was searched against the PFSA DNA database and was found to match the DNA profile of appellant Abid Ali. The source and authenticity of that DNA profile were independently established through the testimony of Waseem Ahmad, Junior Forensic Scientist (PW-22), who deposed that appellant Abid Ali's DNA profile had previously been generated and preserved by PFSA in connection with FIR No.264/2013 dated 19.06.2013, Police Station Fort Abbas, District Bahawalnagar. Thus, the blood recovered from the very scene of occurrence scientifically and unequivocally connected appellant Abid Ali with the crime. This crucial forensic lead became the starting point of the investigative trail. Muhammad Asif, SI/Investigating Officer (PW -34), thereafter obtained the Call Detail Record of appellant Abid Ali and on its examination observed that on the fateful day the same was in constant contact with mobile number 0305 -7520487. Although the SIM stood registered in the name of Allah Ditta, investigation revealed that it was actually being used by his son, Shafqat alias Bagga, the co -appellant. In this manner, the investigation progressed from a scientific DNA match at the crime scene to the identification of appellant Abid Ali and thereafter to the discovery of his nexus with appellant Shafqat alias Bagga. The implication Crl. Appeal No.20513/2021 Crl. Appeal No.20738/2021 Crl. Appeal No.26164/2021 Capital Sentence Reference No.03-T/2021
(6) of the appellants, therefore, was neither accidental nor the product of guesswork; rather, it emerged through a logical, objective and unbroken chain of circumstances commencing with forensic evidence re covered from the scene and culminating in the identification test/parade and linkage of both appellants. 9. Before re-assessing the testimony of the victim on the touchstone of the criticism raised by the learned defenders , it is not out of place to mention here that the victim is an educated lady holding a Master's degree in English. The victim Mst. Sana (Pseudonym) (PW -32/victim) appeared before the Court and gave a vivid, natural and confidence-inspiring narration of the incident. According to her, on the motorway her car was stopped being ran out of fuel, both accused /appellants attracted from the front side of her vehicle while its lights were on, and as she and her children were being forcibly taken towards the jungle, a passing vehicle illuminated the area with its high beams. Thus, the defence contention regarding absence of light is devoid of substance and the possibility of mistaken identity stands effectively ruled out, particularly when no suggestion was put to her that the lights of her vehicle were not functioning or were switched off at the relevant time. The exact words from her examination-in-chief are as under:- “When my call was picked by the officials of emergency No.130 and I disclosed to them that fuel of my car has been ran out. I was waiting for help. Meanwhile two unknown accused persons came there from front side of the vehicle (At this juncture PW pointed out towards the accused who are present in accused box and maintained that said accused persons are those accused persons who came in front of the vehicle and for this purpose screen was removed for a moment and again i nstalled. PW is claded in abaya and she is also wearing a face mask). One of the said accused was armed with pistol (at this juncture PW pointed out towards Abid accused and maintained that he was having pistol in his hand at the time of occurrence and PW pointed out towards Shafqat accused and maintained that he was armed with Danda) . They forcibly asked me to come out of my vehicle. Accused person armed with pistol broke down the window pane of driver side of my vehicle (PW pointed out towards Abid accuse d and maintained that he is a person who broke the window pane) and accused persons took out my hand bag on gun point from my vehicle containing cash Rs.1 - Lac, two gold Kara, a bracelet, registration book of the vehicle, Identity card and three ATM Cards. Accused present in the court forcibly took out me and my children from the vehicle. Meanwhile, Crl. Appeal No.20513/2021 Crl. Appeal No.20738/2021 Crl. Appeal No.26164/2021 Capital Sentence Reference No.03-T/2021
(7) a vehicle having high beam passed from there. I asked for help but he did not stop. Accused having pistol indulged in assaulting me and my children (PW pointed o ut towards Abid accused) whereas accused armed with Danda took my children towards jungle after crossing the barrier of motorway (PW pointed out towards Shafqat and maintained that he took my children towards jungle). Then accused forcibly took me and my c hildren in the jungle where accused armed with pistol asked me to remove my clothes and I refused but he threatened that if did not remove my clothes they will kill my children (At this juncture PW pointed out towards Abid and maintained that he intimidate d me and asked me to remove clothes). Consequently I removed my clothes and accused armed with pistol committed rape (PW pointed out towards accused Abid) with me and handed over his pistol to accused who was armed with Danda and he put pistol on the heads of my children, thereafter, the person armed with Danda (PW pointed towards accused Shafqat) committed rape with me whereas the first person took pistol from him and pointed out towards my children. Thereafter once again the first person committed rape with me. (PW pointed out towards Abid and maintained that he committed rape twice and pointed towards Shafqat and maintained that he committed rape one time. Meanwhile Dolphin police and my relatives who came there and I disclosed all these facts to the police officials of dolphin and requested the police that her matrimonial life and lives of her children are in danger so my identity will not disclose and accordingly he concealed my identity....” (Underline has been supplied for emphasis) It is quite unde rstandable that, upon encountering and noticing a young woman accompanied by her minor children, the appellants allegedly compelled her to step out of the vehicle. She refused to oblige, resisted, the window pane on the driver's side was reportedly smashed by the appellants, following which she and her children were forcibly dragged out and taken towards the jungle. The entire episode from the breaking of the vehicle's window, the forcible removal of the victim and her children, and their subsequent transportation to another location would naturally have consumed sufficient time and provided ample opportunity for the victim to closely observe the perpetrators. Furthermore, according to the prosecution case, the victim remained in the company of the appellants for a considerable period and was subjected to sexual assault. Definitely at the time of forcible sexual intercourse, her face was towards appellants. During such prolonged interaction, including the commission of the alleged offence, Crl. Appeal No.20513/2021 Crl. Appeal No.20738/2021 Crl. Appeal No.26164/2021 Capital Sentence Reference No.03-T/2021
(8) it is only natural to infer that the victim had adequate opportuni ty to see and observe the facial features, appearance and identity of the assailants. Therefore, it would be consistent with ordinary human conduct and prudent reasoning to conclude that the victim was in a position to identify the persons involved in the obnoxious occurrence. No cross examination on the point that vehicle had not run out of fuel on that particular venue of crime . When the mechanic and other PW came in witness box, the learned defender used weapon of cross examination regarding the fault and other aspect of the vehicle. The same carries little importance as when the victim stated in the witness box that her vehicle ran out of fuel on motorway, not even a single question was put to her by either of the learned defenders while defending both the appellants separately. 10. As in the preceding lines, it is observed, while producing substantive evidence against the accused, the victim in a very confiden t manner raised her finger of accusation specifically towards both the appellants individuall y and correctly . Per Section 375 -A PPC, gang rape, where a person is raped by one or more persons, when she testified that both the accused had committed rape with her turn by turn, the ingredient to constitute that offence has been completed, whereas she deposed that Abid appellant, committed rape with her twice (repeated the offence of rape), after the commission of that offence by Shafqat. The victim was raped on 09.09.2020 whereas she appeared in the witness box on 11.03.2021, after around six months, but her testimony reflects that she had given the microscopic picture of horrible sexual act happened with her. The concept of memory is extensively dealt/discussed in subject of psychology, the study of mind, the science of human behaviour and cognition postulates that several factors influence the process of memorization, foremost among them being the nature and emotional significance of the event or material to be remembered. Psychological principles suggest that experiences which profoundly affect an individual become deeply embedded in memory and are retained for a considerable period . "It is an old adage, loss of wealth is no real loss, loss of health is a partial loss, but loss of honour is a loss beyond measure." In the legal parlance, the under -discussion offence is considered/termed as sexual act whereas interpreted and considered in th e Crl. Appeal No.20513/2021 Crl. Appeal No.20738/2021 Crl. Appeal No.26164/2021 Capital Sentence Reference No.03-T/2021
(9) society, the honour involving offence. No doubt the said subject also provides ordinary or insignificant events tend to fade with the passage of time. At the cost of repetition, i n the present case, the victim was raped despite her resistance; she had concealed her identity only to preserve her as well as her family’s honour in the society and to avoid the permanent disgrace in future. The abhorrent, traumatic and detestable ordeal to which she was subjected was of such a grave and disturbing nature that it would naturally leave an indelible imprint upon her mind. It is, therefore, difficult to conceive that she could forget or misremember the minute details of an incident that had so deeply affected her emotionally and psychologically. 11. The prose cution also succeeded in proving the identification parades conducted under the supervision of the learned Magistrate (PW-21), wherein the victim correctly identified both appellants from among the dummies. Despite extensive cross -examination, the defence failed to point out any material irregularity capable of undermining the evidentiary worth of the proceedings. The objections regarding slight variation in the ages disclosed by the victim, delay in holding the identification parade, and non - sealing of cer tain proceedings are of no legal consequence. Minor discrepancies in estimated age are natural and do not detract from a reliable identification, particularly in the absence of any suggestion of mala fide, substitution or ulterior motive. Likewise, mere de lay in holding an identification parade does not render it unreliable, especially when the identification itself remains unchallenged. Significantly, no evidence has been brought on record suggesting collusion, tutoring or any reason for the victim to fals ely identify the appellants. Consequently, the identification evidence, viewed in conjunction with the trustworthy ocular account of the victim, further strengthens and corroborates the prosecution case. It is also noteworthy that, upon completion of the i dentification proceedings, both appellants were afforded an opportunity by the learned Magistrate to raise any objection, if they so desired, regarding the manner in which the Test Identification Parade had been conducted or the identification made by the victim. However, neither appellant s raised any objection. Rather, both appellants stated before the learned Magistrate that they were ashamed of their conduct and expressly acknowledged that the victim had correctly Crl. Appeal No.20513/2021 Crl. Appeal No.20738/2021 Crl. Appeal No.26164/2021 Capital Sentence Reference No.03-T/2021
(10) identified them during the identificatio n parade. Such conduct also lends further assurance to the reliability and evidentiary value of the victim's identification. 12. The legal framework in Pakistan provides robust protection for the identity of a prosecutrix (victim of sexual offenses) and mandates specific procedures for recording her testimony to ensure privacy, dignity, and safety. Under the Anti -Rape (Investigation and Trial) Act, 2021, and subsequent judicial interpretations, the law strictly prohibits the disclosure of her identity and provides for "special measures" such as in -camera trials, the use of screens, and video -link testimony. The testimony of a prosecutrix is protected through mandatory in -camera trials where the public and unauthorized persons are excluded. Courts are legally required to employ special measures, including the use of physical screens or video links, to ensure the prosecutrix does not have to face the accused directly. Furthermore, Section 26 of the Anti -Rape (Investigation and Trial) Act, 2021, explicitly prohibits the disclosure of the victim's identity in any form without prior written permission, and judicial guidelines mandate the use of acronyms in judgments to maintain anonymity. The learned trial Courts ought not to permit ques tions during the cross -examination of a victim that relate to her lineage, family connections, permanent residence, or any other particulars capable of revealing her identity, familial background, or territorial affiliation. Allowing such inquiries may und ermine the statutory…
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