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

Case information

Citation
2022 PCrLJN 45 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUHAMMAD JAVED vs State Ss
Subject matter
Criminal
Provisions referred to
S. 164---K; S. 164; 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

MUHAMMAD JAVED VS State Ss. 365-B & 376---Criminal Procedure Code (V of 1898), S. 164---Kidnapping, abducting or inducing woman to compel for marriage and rape---Appreciation of evidence---Statement of victim before Judicial Magistrate---Scope---Accused was charged that he along with co-accused persons kidnapped the sister of the complainant for committing rape---Statement of victim recorded under S. 164, Cr.P.C., was also very important because she gave the date of her abduction as 19.03.2016---During the entire proceedings before the Trial Court no exception was taken by the prosecution on the said date that it was result of some confusion, slip of tongue, or error or omission on the part of Judicial Magistrate---Unchallenged opinion of the Trial Court that no abduction had taken place had made the case clear that victim left the house on her own---Circumstances established that prosecution had failed to prove its case beyond reasonable doubt against accused---Appeal against conviction was allowed, in circumstances.

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