FAIZ MOHAMMED alias FAIZ vs State Ss — 2023 PCrLJ 121 KARACHI-HIGH-COURT-SINDH

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FAIZ MOHAMMED alias FAIZ VS State Ss. 365-B, 376 & 343---Kidnapping, abducting or inducing woman to compel for marriage, rape, wrongful confinement for three or more days---Appreciation of evidence---Benefit of doubt---Accused was charged that he along with the co-accused forcibly dragged the daughter of complainant in the car and under the show of weapons took her to an unknown place and detained her in a room and all the accused forcibly committed rape with her---Record showed that the complainant and alleged prosecutrix had taken a stance before the Trial Court that "M" was one of the accused who had committed rape with the prosecutrix---When the police after the investigation had not forwarded the said person as accused, the complainant party did not assert before the trial court for joining the said "M" as an accused in the trial---Said aspect of the case also created doubt regarding the prosecution's story and had given way to the defence theory of false involvement and the narratives of the defence regarding the free-will marriage of "M" and prosecutrix---Allegedly, the complainant party had not tried to falsify the alleged marriage of prosecutrix with "M" by filing a suit for jactitation of marriage---Complainant though claimed the marriage false, but the said registered marriage certificate (Nikhanama) was still intact, which was also sufficient to throw the clouds of doubt upon the prosecution's story regarding the involvement of the accused in the alleged offence---Sufficient material was available on record which created doubt regarding the prosecution case---Complainant party alleged that the accused was a teacher but it had come on the record that he was not teaching the prosecutrix as admitted by the complainant in his statement that the accused was not an employee of a government school---Question arose as to how the prosecutrix came to know about the name of the accused with his profession, the same remained undeciphered during the trial---Circumstances established that the prosecution could not establish the case against the accused beyond a reasonable doubt---Appeal against conviction was allowed, in circumstances.

FAIZ MOHAMMED alias FAIZ vs State Ss — 2023 PCrLJ 121 KARACHI-HIGH-COURT-SINDH

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