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DANISH vs State Ss — 2023 PCrLJ 522 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJ 522 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PCRLJ
Parties
DANISH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 13; S. 5---A; S. 342; Electronic Crimes Ordinance (LXXII of 2007); Juvenile Justice System Ordinance (XXII of 2000)

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

DANISH VS State Ss. 354, 376(2), 337-J, 342 & 506(2)---Prevention of Electronic Crimes Ordinance (LXXII of 2007), S. 13(2)---Juvenile Justice System Ordinance (XXII of 2000), S. 5---Assault or criminal force to woman with intent to outrage her modesty, Rape, Causing hurt by means of a poison, Wrongful confinement, Criminal intimidation and Cyber stalking---Appreciation of evidence---Juvenile, trial of---Trial Court framed two separate charges one against adult accused persons and the other against juvenile accused persons---Three female accused persons were acquitted by Trial Court, whereas remaining were convicted and sentenced to imprisonment---Validity---Trial Court committed multiple illegalities while conducting the trial before it---Such illegalities were not curable and had caused serious prejudice to accused persons---High Court with the consent of both the parties set aside judgment against accused persons and matter was remanded to Trial Court for retrial of the case---High Court directed the Trial Court to frame charge afresh and to record evidence of all prosecution witness in both cases---High Court further directed that statements under S. 342, Cr.P.C. of accused persons would be recorded afresh while putting all pieces of evidence brought on record against them by providing a fair opportunity to them to respond the same and also to lead defence evidence if any---Appeal was allowed accordingly.

Other judgments reported in 2023 PCRLJ

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