Citation Name: 2023 PCrLJ 1693 PESHAWAR-HIGH-COURTBookmark this Case HAROON vs State S

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Citation Name: 2023 PCrLJ 1693 PESHAWAR-HIGH-COURTBookmark this Case HAROON VS State S. 376(3)---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53--- Rape, sexual abuse---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of complainant and victim---Accused was charged for committing rape with the minor niece of the complainant---Victim stated that her father and uncle were present with her in the police station wherefrom her mother took her to the doctor in the hospital, which was belied by the complainant, who stated in cross-examination that they were three in number---Victim stated that they stayed in the hospital till Maghrib prayer and thereafter went to their house, whereas the complainant stated that they remained in the hospital for two hours---Keeping in view the said contradictions between the statements of the complainant and the victim, their testimony could not be believed for sustaining conviction---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 1693 PESHAWAR-HIGH-COURTBookmark this Case HAROON VS State S. 376(3)---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53--- Rape, sexual abuse---Appreciation of evidence---Benefit of doubt---Delay of two hours in lodging FIR---Consequential---Accused was charged for committing rape with the minor niece of the complainant---Occurrence allegedly occurred at 04:30 p.m., while according to the complainant, he was informed by the victim at about 05:00 p.m., while he reported the matter at about 06:30 p.m.---Total time consumed in reaching to the house of accused by the complainant party and thereafter to the police station as well as to the hospital, on calculation, came out to be 45 minutes---According to said deposition of the complainant, the matter should have been reported at about 05:15 p.m. as according to the complainant, they reached to the house of accused within ten minutes after commission of the occurrence---If time was considered from 05:00 p.m., when the complainant was informed by the victim about the occurrence, then the report should have been made at about 05:45 p.m., but the matter was reported at about 06:30 p.m.---Circumstances established that the prosecution had failed to bring home guilt against the accused---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 1693 PESHAWAR-HIGH-COURTBookmark this Case HAROON VS State S. 376(3)---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Rape, sexual abuse---Appreciation of evidence---Benefit of doubt---Withholding best evidence---Effect---Accused was charged for committing rape with the minor niece of the complainant---Record showed that the parents of the victim were abandoned by the prosecution being unnecessary---Parents of the victim were the best witnesses to corroborate the depositions of the complainant and the victim, but they were not produced by the prosecution before trial Court for reasons best known to it---Article 129(g) of the Qanun-e-Shahadat, 1984 catered for the situation that if the best possible evidence was withheld then its non-production would react against the prosecution with an adverse inference---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 1693 PESHAWAR-HIGH-COURTBookmark this Case HAROON VS State S. 376(3)---Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S. 53--- Rape, sexual abuse---Appreciation of evidence---Benefit of doubt---Medical evidence---Accused was charged for committing rape with the minor niece of the complainant---Woman Medical Officer found the victim oriented and stable, however, observed bleeding from vagina and fresh blood on thigh---No bruises or laceration on body of the victim were found---Medical witness found the clothes with blood and semen stains and handed over to the local police---During cross-examination, said witness stated that the victim was accompanied by her mother and none else was present with her---Said witness admitted that there were no marks of violence, however, there were bite marks on the victim's neck area and admitted that this fact was not mentioned in her report---Woman Medical Officer stated that neither the victim nor her mother stated anything about the occurrence---At the time of examination, the blood of the victim had not yet coagulated and it was still fresh, however, Medical Officer was unable to specify the exact time of injury received by the victim---According to Forensic Science Laboratory Report, semen of human was found, but surprisingly no grouping of the semen/blood on shalwar of the victim with that of the accused was conducted by the Forensic Expert in order to confirm that the semen stains on shalwar of the victim were that of the accused---Though forensic testing was neither mandatory nor self sustainable to rest conviction and is always used as a corroborative piece of evidence which in the present case, along with other lacunae, was unfortunately lacking despite availability of means and facilities---In peculiar facts and circumstances of the case, such omission could not have been taken lightly to award conviction to the appellant---Appeal against conviction was allowed, in circumstances. Citation Name: 2023 PCrLJ 1693 PESHAWAR-HIGH-COURTBookmark this Case HAROON VS State Benefit of doubt---Principle---Even a single doubt if found reasonable would be sufficient to acquit the accused, giving him/them benefit of doubt because bundle of doubts are not required to extend the legal benefit to the accused.

Citation Name: 2023 PCrLJ 1693 PESHAWAR-HIGH-COURTBookmark this Case HAROON vs State S — 2023 PCrLJ 1693 PESHAWAR-HIGH-COURT

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