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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

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---Discrepancies in the evidence of witnesses---Scope---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 there were several shortcomings in the prosecution case, which were also required to be elaborated---Allegedly, the victim was taken from the highway in the broad daylight but none from the surroundings was examined or produced before the Trial Court as a witness of the incident---Victim was alleged to have been abducted while she was returning from school but the last worn clothes of the victim were not uniform of the school but at that time she was wearing domestic clothes---Although, the Investigator had collected those clothes but the same were not sent to the Chemical Analyzer for ascertaining traces of human semen and no reason for the same was given during the trial---Accused was a young man and a plea of impotency was not taken by him but for such type of offences, he must be medically examined to establish his ability to perform sexual intercourse---Prosecution had alleged in the FIR that the accused persons were armed with lethal weapons but no such thing was recovered from the accused while he remained in police custody for a considerable period---Allegedly, the victim was ravished by the accused and his teammates at an unknown place but during the investigation, the Investigator, despite custody remand of the accused, could not be able to get lead from the accused up to that place, which was allegedly used by them for detaining and ravishing the victim---Investigator was unable to get information about the other unknown culprits from the accused---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

Case information

Judgment text as reported

Other judgments reported in 2023 PCRLJ