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---Criminal Procedure Code (V of 1898), S. 342---Kidnapping, abducting or inducing woman to compel for marriage, rape, wrongful confinement for three or more days---Appreciation of evidence--- Benefit of doubt---Examination of accused---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---In his statement recorded under S. 342, Cr.P.C., the accused had defended himself by stating that the prosecutrix had entered into marital bond with one "M" on her own free-will and accord---Accused, in that respect, had placed copies of certain documents like affidavit of free-will duly signed and having thumb impression of prosecutrix which was sworn before a Justice of Peace, an application filed by the said "M" of the nature of habeas corpus, and statement of the prosecutrix recorded before that court in the aforementioned application---In the application of habeas corpus, the claimant as husband of the prosecutrix levelled allegations that his wife (prosecutrix) was taken away by some unknown persons after beating him while he was kept hostage from five days and released---In the said application, it was alleged that those unknown persons while releasing him had threatened him for not to pursue his wife and they informed him that his wife had been handed over to her father---Not only the proper address of "M" was available in the application of habeas corpus but a copy of CNIC was also annexed with the said application---Such non-associating of the said "M" in the investigation, itself opened the venue of doubt regarding the prosecution case---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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