ABDUL MAJEED alias BOHRA vs State Ss — 2022 PCrLJ 186 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 186 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: ABDUL MAJEED alias BOHRA vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q

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

ABDUL MAJEED alias BOHRA VS State Ss. 302(b), 376(ii), 364-a & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, kidnapping or abducting a person under the age of fourteen, rape, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Medical evidence---Scope---accused were charged for committing murder of minor niece of complainant after kidnapping and raping her---although semen was found on some of the clothes of the deceased but no DNa report was exhibited so as to link the semen to either of the accused persons in connection with the rape of the deceased---Best that could be said was that the deceased was raped but by whom remained unproven---Even if it was believed through the evidence of witness (who allegedly lived above the accused) that accused lived below him as no rental agreement was produced it did not appeal to logic, reason or common sense that whilst the deceased was screaming during the rape and then having her eyes gauged out by a poker nobody heard anything especially as many other tenants lived in the building---No blood was recovered from the place of the rape and murder which put the place of the incident in some doubt---Circumstances established that the prosecution had failed to prove its case against the accused without any shadow of doubt---appeal against conviction was allowed, in circumstances.

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