PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

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. 164

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---Rape, common intention---Appreciation of evidence---Benefit of doubt---Withholding of best evidence---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 perhaps the incident had not taken place as stated in FIR---All pieces of evidence against appellant/accused were weak in nature including the statement of victim under S. 164, Cr.P.C., which was recorded after seven days of the incident and that too was not corroborated by any independent and confidence inspiring evidence on record, which could connect the accused in the case---Record revealed that a prosecution witness was neighbourer of complainant and on the relevant date, he along with another person allegedly saved the victim, but said person had not been examined in the case---Said person was the best witness to corroborate the version of witness/neighbourer of victim, but he was kept away from the witness box, therefore, adverse inference could be drawn---Circumstances established that there were number of infirmities/ lacunas and contradictions which had created serious doubt in the prosecution case---Appeal against conviction was allowed, in circumstances.

Back to the case-law library · Search Pakistani case law in Urdu or English