MUHAMMAD WAJID vs State Ss — 2022 YLR 1569 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1569 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD WAJID vs State Ss
Subject matter: Criminal
Provisions referred to: S. 342; S. 376

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 WAJID VS State Ss. 302(b) & 376---Qatl-i-amd, rape---Appreciation of evidence---Medical evidence---Scope---Accused was charged for committing murder of the minor daughter of complainant after her rape---Apparently there was no rape (penetration) and only a case of attempted rape based on the chemical report which found semen on the vaginal swabs---Chemical report however was not put to the accused for his explanation during the recording of his S.342, Cr.P.C statement---No DNA test was carried out to show that the semen which was found on the body of the deceased matched with that of the accused---Prosecution had not been able to prove the charge of rape (or attempted rape) of the child against the accused beyond a reasonable doubt---By extending the benefit of the doubt to the accused, he was acquitted of the charge of rape under S.376, P.P.C.

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