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Mst. JEEMA vs State Ss — 2022 YLRN 149 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 149 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
Mst. JEEMA vs State Ss
Subject matter
Criminal

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

Mst. JEEMA VS State Ss. 302, 376, 201, 297 & 34---Qanun-e-Shahadat (10 of 1984), Art. 38---Qatl-i-amd, rape, causing disappearance of evidence of offence, trespassing on burial places and common intention---Appreciation of evidence---Appeal against acquittal---Delayed FIR---Un-natural conduct---Chance witness---Scope---Accused persons were alleged to have raped the daughter of complainant, administered poison and stolen the dead body of victim from the grave which was recovered on the indication of an accused---Prosecution case was based on dying declaration, last seen evidence, extra-judicial confession, discovery of dead body and medical examination---Held; complainant had not reported the matter to the police immediately after the dying declaration made to her by the deceased---Conduct of the complainant was un-natural---Person who had allegedly seen the accused persons fleeing from the place of incident, had failed to give any plausible explanation of his presence at the relevant time---So far as recovery of dead body on the indication of accused was concerned, accused had only pointed out to the witnesses that he had seen the dead body lying there with no implication that he had ever hidden or buried any dead body after removing the same from its actual burial place---Recovery of dead body was highly doubtful---Confession before the police was inadmissible being hit by Art.38 of Qanun-e-Shahadat, 1984---No anatomical cause attributed to death could be ascertained due to advanced stage of decomposition---No toxic substance was detected in the dead body in order to establish the allegation of administering poison---Acquittal of accused persons did not suffer from any illegality so as to call for interference of the High Court---Appeal was dismissed, in circumstances.

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