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---Contradictions in the statements of witnesses---Scope---Accused was charged that he along with 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---There were three different statements of victim on the record---Foremost statement of the victim was recorded before High Court in the habeas corpus petition filed by "M" claiming to be her husband---Second statement of victim was recorded by police during investigation under S. 161, Cr.P.C., while the third statement was recorded during the trial when she was also subjected to cross-examination---Victim in her statement before High Court in habeas corpus petition, had levelled allegation that the accused persons used to say that they would sell her in Punjab but such fact was not mentioned by her in her subsequent statements---Complainant had mentioned in the FIR as well as in the statement of prosecutrix under S. 161, Cr.P.C., that the accused persons were armed with pistols but nothing of the sort was stated before High Court in habeas corpus petition nor the same was uttered by her before the Trial Court---Complainant and Investigating Officer were not in agreement regarding the date, time, and mode of inspection of the place of incident, even they were not in agreement regarding the surroundings of the place of the incident from where the victim was allegedly kidnapped---Brother of the victim/ witness had stated that his father went to lodge FIR on the next day of the order of High Court but the fact was that the FIR was lodged after six days of the date they stated---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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