ADIL vs State Ss — 2022 PCrLJN 47 KARACHI-HIGH-COURT-SINDH

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ADIL VS State Ss. 302, 324, 365, 376 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, kidnapping or abducting with intent secretly and wrongfully to confine a person, rape, common intention, act of terrorism---appreciation of evidence---Medical evidence---Scope---accused were charged for committing rape upon the sister and niece of complainant and then murdering the brother-in-law, sister and two nephews of the complainant and also injuring his niece---With regard to the rape of injured witness, Medical Officer who medically examined her shortly after the incident, she did not note any bruising around the vagina or thighs which would be commonly found in a case of gang rape---Said witness was married and as such it was not surprising that her hyman was not intact and Medical Officer was of the view that whether intercourse was fresh or not would turn on the DNa report---No DNa report was exhibited and the medical report did not find any semen on the vaginal swabs taken from injured witness which indicated that she might well not have been raped and casted some doubt on the reliability of her evidence---Even in the impugned judgment neither appellants had been convicted of raping injured witness and only of gang rape with said injured---Certainly said injured could not have been raped by co-accused who was not even named as one of the rapists in her evidence---With regard to the rape of deceased sister of the complainant for which both the accused were convicted she was not medically examined for physical injuries in respect of a potential rape---No DNa report was on record regarding her rape---although the chemical report showed that the vaginal swabs taken from deceased victim did find semen that did not provide the identity of the rapist---according to the evidence of injured victim although she did not witness the rape of deceased victim, she stated in her evidence that she was raped in a different room by co-accused and as such there was no evidence that she was raped by either of accused and as such the accused must be acquitted of the charge of gang raping---Deceased victim who might even have had sexual intercourse prior to the incident with her husband---Circumstances established that the prosecution had failed to prove its case against the accused beyond of any reasonable doubt---appeal against conviction was allowed, in circumstances.

ADIL vs State Ss — 2022 PCrLJN 47 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported