MUHAMMAD JAVED vs State Ss — 2022 PCrLJN 45 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD JAVED VS State Ss. 365-B & 376---Kidnapping, abducting or inducing woman to compel for marriage and rape---Appreciation of evidence---Benefit of doubt---Accused was charged that he along with co-accused persons kidnapped the sister of the complainant for committing rape---Complaint showed that assailants contacted the complainant from two mobile numbers but during entire investigation no data was collected and produced to confirm that fact---Record was silent as to how victim was succeeded to escape from the clutches of the accused and his co-accused, which was also a mystery---Although victim stated that getting a chance she ran away but thereafter she was silent that if she was taken to other city or some other place how she arrived back home---Not believable that lady was taken from one place to other and the fear continued throughout and she was not able to attract any one for her release---Not acceptable to a prudent mind that accused along with his wife, his mother-in-law and brother-in-law abducted the victim and then committed rape in the same house where mother of accused and mother of wife of accused were also present---Another important fact which was a final blow in prosecution's case was that at the time of bail application of mother of wife of accused, the complainant submitted an affidavit where he maintained that he got recorded the name of that lady due to misunderstanding who was completely innocent---Said particular aspect of the case could not restrain the Court to hold that complainant was a false witness---Circumstances established that prosecution had failed to prove its case beyond reasonable doubt against accused---Appeal against conviction was allowed, in circumstances.

MUHAMMAD JAVED vs State Ss — 2022 PCrLJN 45 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported