ILYAS vs State Ss — 2022 YLRN 155 LAHORE-HIGH-COURT-LAHORE

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ILYAS VS State Ss. 376, 452, 506(ii) & 292---Rape, house trespass having made preparation for causing hurt, assault etc., criminal intimidation, sales etc. of obscene books--- Appreciation of evidence---Benefit of doubt---Accused was charged for committing rape with the complainant on numerous occasions on pistol point and also preparing her naked video---No mention in the FIR as to why complainant remained silent for a long time and did not report the matter to the police---No DNA test was conducted---In the absence of DNA test report as to how the Trial Court presumed that it was the accused who committed rape with the complainant---Nothing on record as to who prepared the video and produced the same before the Investigating Officer---Mobile and SIM of accused through which the alleged video was prepared were not produced by the prosecution during the trial---Complainant, present in the Court, duly identified by her learned counsel had stated that she had no objection if the accused was acquitted of the charges---Circumstances established that the prosecution could not prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court, in circumstances.

ILYAS vs State Ss — 2022 YLRN 155 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported