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

Case information

Citation
2022 YLRN 121 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUHAMMAD ASIF vs State Ss
Subject matter
Criminal
Provisions referred to
S. 221---A; 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 ASIF VS State Ss. 376 & 34---Criminal Procedure Code (V of 1898), S.221---Appreciation of evidence---Rape, common intention---Appreciation of evidence---Defective charge---Effect---Allegation against the appellant was that he having naked video of the victim with him, was blackmailing and threatening her that he would upload the said video on internet if she would not go with him; on that reason, the victim left her house with the accused and then the accused allegedly raped her, whereas, his two companions were standing outside the door and they had also made an attempt to commit zina with her---Record showed that the charge against the accused was framed without mentioning about naked video as well as about his two companions---Such defect in the charge alone could be a ground of acquittal---Charge as framed by the Presiding Officer of the Trial Court was totally silent in respect of material contents as stated in the FIR and other material collected by Investigating Officer---Appeal against conviction was allowed, in circumstances.

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