MUHAMMAD ISMAIL vs State S — 2023 PCrLJ 1346 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 1346 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: MUHAMMAD ISMAIL vs State S
Subject matter: Criminal
Provisions referred to: S. 377---S

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

MUHAMMAD ISMAIL VS State S. 377---Sodomy---appreciation of evidence---Benefit of doubt---Negative Forensic Science Laboratory Reports--- Effect--- accused persons were convicted by Trial Court for sodomizing two minor boys and were sentenced to imprisonment for life---Validity---Even if victims were subjected to carnal intercourse, even then it would not be helpful for the case of prosecution, particularly when ocular account and other circumstantial evidence did not connect accused persons with culpability so alleged---Investigating officer collected pieces of Shalwar of victims suspected to be stained with semen, and blood samples of victims for DNa and human semen analysis---On the arrest of one accused his blood and buccal swabs were also taken into possession, which were sent to Forensic Science agency whereof reports were found to be negative---No reliance could be placed on such Forensic Science Laboratory Reports---Second accused was neither put to any Test Identification Parade nor was he medically examined by Medico Legal Officer or samples of blood and buccal swabs were taken, so his case was even better than the case of other accused---Prosecution failed to connect both accused persons with the indictment and findings arrived at by Trial Court were based upon improper appraisal of evidence---High Court set aside conviction and sentence awarded to accused persons who were acquitted of the charge---appeal was allowed in circumstances.

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