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---Ocular and medical evidence--- Contradictions--- 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 the victim in her evidence admitted that she was in contact with the accused/appellant and prior to said incident accused/appellant came there alone---Victim also admitted that one day before the alleged incident, she had seen the naked video from accused but she did not discuss the same to anyone---Victim went alone with accused/appellant without informing to her parents and she also did not make any hue and cry either on the way or from the place of incident against accused---Evidence of Female Medical Officer showed that she found no marks of violence on her body---Female Medical Officer in her evidence stated that sexual intercourse was happened twice in about one week and also suggested for DNA test but Investigating Officer of the case though preserved blood sample for that purpose, but did not send the same, while victim disclosed that on 15.10.2016 rape was committed with her for the first time---Vaginal swab of victim was sent for chemical examination, report of which showed that "human sperm not detected in the said vaginal swab---Circumstances established that there was conflict in between ocular version and medical evidence, which created doubt about the case of the prosecution---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