AMJAD ALI vs State Ss — 2022 PCrLJN 17 QUETTA-HIGH-COURT-BALOCHISTAN

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AMJAD ALI VS State Ss. 376(2) & 34---Rape, common intention---Appreciation of evidence---Unnatural conduct of witnesses---Scope---Accused were charged for committing zina with the nieces of complainant---Record reflected that the conduct of the alleged victims and their family members was unnatural for the reasons that as per the story of prosecution, both the victims boarded a vehicle and shifted to some place where they were subjected to rape, however, the alleged place of abduction and the area wherefrom they travelled was highly populated, keeping mum the alleged victims negated the story of the prosecution as mentioned in the FIR and narrated by the prosecution witnesses---First Information Report was not registered by the victims, their father or brother, which otherwise was unnatural---Medical examination showed that there were no marks of violence on their persons---Accused were not identified by the victims correctly during the trial, thus, false implication of the accused for ulterior motive, could not be kept out of consideration--- Material contradictions, dishonest improvements and inconsistencies had been noted in the statements of witnesses, which made the very case of prosecution doubtful---Alleged disclosure made by the accused was also of no avail, as a result, no recovery or discovery of new facts could be unearthed nor the accused made any confession in that behalf---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was allowed, in circumstances. Head NotesCase Description

AMJAD ALI vs State Ss — 2022 PCrLJN 17 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported