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MUHAMMAD HANIF vs State S — 2021 SCMR 684 SUPREME-COURT

Case information

Citation
2021 SCMR 684 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD HANIF vs State S
Subject matter
Criminal
Provisions referred to
S. 302

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD HANIF VS State S. 302(b)---Qatl-i-amd---Shariat appeal---Reappraisal of evidence---Benefit of doubt---Deceased-lady was survived by five married sons, who admittedly resided in the same household, therefore, it was surprising that no one, except the deceased, from such a sizable clan was present on the day of the incident---Absence of the sons clamours for explanation and in retrospect spelt out a scenario diametrically incompatible with the story set up in the crime report---Allegation that the accused forcibly committed rape upon the deceased stood negated by medical evidence leaving no apparent motive for him to take on the deceased---Besides accused was acquitted of the charge of carnal assault by the Trial Court---Magnitude of violence, essentially reflecting a time intensive assault with obvious resistance by an able bodied village-hardened woman could not have gone unnoticed by the residents of the houses located nearby---Constricted legs reflecting onslaught of rigor mortis negated the hypothesis of witnesses' arrival within the timeframe, suggested in the crime report---Any assailant actuated by carnal designs was not expected to bring a hammer with him to accomplish the task---Prosecution case was fraught with doubts, benefit whereof could not be withheld from the accused---Shariat appeal was allowed, and accused was acquitted of the charge.

Other judgments reported in 2021 SCMR

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