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Molvi GHULAM MURTAZA vs State Ss — 2022 PCrLJ 159 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 159 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
Molvi GHULAM MURTAZA vs State Ss
Subject matter
Criminal
Provisions referred to
S. 342---Q; S. 342; Criminal Procedure Code (V of 1898)

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

Molvi GHULAM MURTAZA VS State Ss. 302(b), 376 & 511---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd, rape, attempting to commit offences punishable with imprisonment for life or for a shorter term---Appreciation of evidence---Examination of accused---Scope---Accused were said to have committed forcible rape with daughter of complainant in a mosque where she used to go for Quranic education---Subsequently, the victim died---Record showed that main piece of evidence, as deposed by mother of deceased and relied upon by the Trial Court for conviction had not been put to accused while examining them under S. 342, Cr.P.C.---Trial Court had recorded the statements of accused under S. 342, Cr.P.C. in a very casual manner and committed illegalities, which were not curable under the law---Appeal was allowed by setting aside the impugned judgment and case was remanded to the Trial Court with the direction to record the statements of all the accused under S. 342, Cr.P.C. afresh by putting all incriminating pieces of prosecution evidence so brought against them.

Other judgments reported in 2022 PCRLJ

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