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ASAD vs State Ss — 2022 PCrLJN 87 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 87 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ASAD vs State Ss
Subject matter
Criminal
Provisions referred to
C--- Penal Code (XLV of 1860)

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

ASAD VS State Ss. 497 & 156-C--- Penal Code (XLV of 1860), Ss. 342, 376, 337-A(i) & 34---Wrongful confinement, rape, shajjah-i-khafifah and common intention---Mandatory DNA Testing in rape cases---Bail, grant of---Scope---Further enquiry---Prosecution case was that the complainant was forcibly put into a car by the accused persons where another victim was lying unconscious; that they took the complainant to a flat where she was tortured, subjected to zina multiple times and her naked photos and videos were made---Name of accused person was not mentioned in the FIR nor was it alleged that he had committed zina with the complainant---No semen was observed on the shalwar, kameez, chadar and banyan of victims---No DNA analysis was performed---Ocular evidence did not find support from the DNA analysis hence the case of the accused was one of further enquiry---Accused was not required for further investigation---Bail application was allowed, in circumstances.

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