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HUSSAIN SHAH vs State S — 2023 MLD 2037 ISLAMABAD

Case information

Citation
2023 MLD 2037 ISLAMABAD
Court
Islamabad High Court
Year
2023
Reporter
MLD
Parties
HUSSAIN SHAH vs State S
Subject matter
Criminal
Provisions referred to
S. 376; S. 342---R; S. 342; Criminal Procedure Code (V of 1898)

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

HUSSAIN SHAH VS State S. 376(1)--- Criminal Procedure Code (V of 1898), S. 342---Rape---Appreciation of evidence---Age of victim---Determination---Benefit of doubt---Question regarding age of victim was not put to accused during statement under S. 342, Cr.P.C.---Accused was convicted by Trial Court and sentenced to imprisonment for life---Validity---Question of age of girl always becomes of greater importance while awarding conviction under S. 376(1), P.P.C.---There was no evidence that girl was under-age---Neither the victim herself nor her father, mother or doctor stated such fact in their evidence---Important question that victim was under-age had never been put to accused in statement recorded under S. 342, Cr.P.C.---Such allegation was not made in the charge framed by Trial Court---Age of victim was mentioned as 16 years in Medico Legal Report however, no reasons whatsoever had been mentioned that on the basis of which evidence, the age was written---Statement of victim was not supported by report of DNA as well as by Medico Legal Report or statement recorded by doctor wherein it was mentioned that no mark of any injury on her body was found---Victim herself washed her clothes and remained silent for 04 days in a small house where she was living with her parents, four brothers and two sisters---Prosecution failed to prove its case against accused beyond reasonable doubt---There were so many defects and contradictions in prosecution case/evidence and prosecution case was doubtful and benefit of the same was to be extended in favour of accused---High Court extended benefit of doubt to accused and his conviction and sentence was set aside, resulting into his acquittal from the charge--- Appeal was allowed, in circumstances.

Other judgments reported in 2023 MLD

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