IDREES MASIH vs State S — 2022 YLRN 40 KARACHI-HIGH-COURT-SINDH

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IDREES MASIH VS State S. 376---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Rape---Appreciation of evidence---Benefit of doubt---Semen matching---Non-availability of marks of violence---Withholding best evidence---Adverse presumption--- Un-natural conduct of victim---Effect---Accused was alleged to have taken the victim to a school at about 22.30 hours on the pretext of arranging job for her, committed rape with her in a classroom and sent the victim back to her house---No vaginal swabs were taken but human sperm was found on clothes---Mere presence of human sperm in the absence of 'semen matching' was not sufficient to prove charge of rape---Medical evidence did not show marks of violence though victim claimed to have been subjected to forcible rape---Prosecution was also silent about specific place of incident except claim of offence (rape) to have been committed inside the school---Independent witness, chowkidar of school, who was admittedly present, was not examined by the prosecution---Withholding of such independent witness created an adverse presumption against the veracity of the prosecution case, as per Art. 129(g), Qanun-e-Shahadat, 1984---Manner in which the victim accompanied the accused at odd hours of the night on the pretext of job in school; herself entering the school building when there was none except chowkidar and returning with accused did not appear to be logical, natural and worth believing---Prosecution had not succeeded in proving its charge against the accused beyond reasonable doubt---Appeal was allowed and the impugned judgment was set aside, in circumstances.

IDREES MASIH vs State S — 2022 YLRN 40 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported