MUHAMMAD ASIF vs State Ss — 2022 YLRN 121 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ASIF VS State Ss. 376 & 34---Rape, common intention---Appreciation of evidence---Benefit of doubt---Delay of two days in lodging the FIR---Effect---Accused was charged for committing rape with the daughter of the complainant, while his co-accused tried to commit zina with her---Record showed that three days before the alleged incident, an application was moved by the father at police station, which was on record, against the complainant and witnesses for registration of case against them as on 12.10.2016 they snatched Rs.15000/- from the appellant/accused by force, but the alleged present incident took place on 15.10.2016,whereas FIR was lodged on 17.10.2016, without plausibly explaining the delay in lodging the FIR---False implication of the appellant/accused in the case on account of that enmity could not be ruled out---Appeal against conviction was allowed, in circumstances.

MUHAMMAD ASIF vs State Ss — 2022 YLRN 121 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported