MUHAMMAD JUNAID vs State Benefit of doubt — 2023 PCrLJN 94 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD JUNAID VS State Benefit of doubt---Principle---Benefit of a single circumstance creating doubt in a prudent mind must accrue in favour of the accused as matter of right and not of grace. [Paras. 10 of the judgment] Citation Name: 2023 PCrLJN 94 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD JUNAID VS State Ss. 376, 452, 384 & 506(ii)---Rape, house-trespass after preparation for hurt, assault or wrongful restraint, extortion and criminal intimidation---Evidence of prosecution witnesses, reliance upon---Scope---Once prosecution witnesses were disbelieved with respect to a co-accused then, they could not be relied upon with regard to the other co-accused unless they were supported by corroboratory evidence coming from independent source and was also unimpeachable in nature. [Para. 9 of the judgment] Citation Name: 2023 PCrLJN 94 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD JUNAID VS State Ss. 376, 452, 384 & 506(ii)---Rape, house-trespass after preparation for hurt, assault or wrongful restraint, extortion and criminal intimidation---Appreciation of evidence---Benefit of doubt---Delay of nine days and eight hours in conducting medical examination---Scope---Accused were charged for committing rape with the daughter of the complainant by entering into his house and also extended threats of dire consequences if complainant party informed anyone about the occurrence---Record showed that victim was medically examined by Medical Officer with the delay of nine days and eight hours---No exegesis qua the delay in getting medical examination of victim---Medical account ran contrary to the ocular account---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. [Para. 5 of the judgment] Citation Name: 2023 PCrLJN 94 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD JUNAID VS State Ss. 376, 452, 384 & 506(ii)---Rape, house-trespass after preparation for hurt, assault or wrongful restraint, extortion and criminal intimidation---Appreciation of evidence---Benefit of doubt---Night time occurrence---Source of light---Scope---Accused were charged for committing rape with the daughter of the complainant by entering into his house and also extending threats of dire consequences if complainant party informed anyone about the occurrence---Prosecution story was that occurrence took place in dark night and no source of light had been described by the prosecution---Witnesses had not produced any source of light, nor the Investigating Officer had taken into possession any source of light, so as to prove that sufficient light was present at the time and place of occurrence for the witnesses to make a positive identity of the assailants---Said fact had created further dent in the prosecution case---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. [Para. 8 of the judgment] Citation Name: 2023 PCrLJN 94 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD JUNAID VS State Ss. 376, 452, 384 & 506(ii)---Rape, house-trespass after preparation for hurt, assault or wrongful restraint, extortion and criminal intimidation---Appreciation of evidence---Benefit of doubt---Delay of eight days in lodging the FIR---Scope---Accused were charged for committing rape with the daughter of the complainant by entering into his house and also extending threats of dire consequences if complainant party informed anyone about the occurrence---Matter was reported to the police with the delay of eight days---Distance between the police station and the place of occurrence was seven kilometres---No plausible explanation for the said delay had been brought on record---Even while appearing before the trial Court the prosecution witnesses did not utter even a single word about the said delay---Delay in setting the machinery of law into motion spoke volumes against the veracity of prosecution version---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. [Para. 4 of the judgment] Citation Name: 2023 PCrLJN 94 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD JUNAID VS State Ss. 376, 452, 384 & 506(ii)---Qanun-e-Shahadat (10 of 1984), Art. 22---Rape, house-trespass after preparation for hurt, assault or wrongful restraint, extortion and criminal intimidation---Appreciation of evidence---Benefit of doubt---Identification parade---Scope---Accused were charged for committing rape with the daughter of the complainant by entering into his house and also extending threats of dire consequences if complainant party informed anyone about the occurrence---Facts of the case showed that the accused were not previously known to the prosecution witnesses and identification parade was very much necessary to ascertain the fact that the accused were the same persons who committed rape with the victim---Prosecution had alleged that both the accused committed rape with victim and also prepared video of rape which was taken into possession by the Investigating Officer, for the reasons, case of prosecution had been fully proved---Recovered video was shown to victim during her statement before the Trial Court and after watching the same, she stated that she was not a girl shown in the video---So far as the statement of mother of victim was concerned; she was not a witness of alleged rape with victim---Prosecution story was that co-accused of the accused persons confined mother of victim in another room and subsequently accused committed rape with victim in baithak---Attitude of victim and her mother made the entire prosecution case highly doubtful because they had not made noise after decamping the accused from the place of occurrence---First Information Report showed that on the following day of occurrence accused came to the roof top of complainant's home and made aerial firing but astonishingly none from the neighbours attracted the spot---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. [Paras. 6 & 7 of the judgment] Citation Name: 2023 PCrLJN 94 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD JUNAID VS State Ss. 376, 452, 384 & 506(ii)---Rape, house-trespass after preparation for hurt, assault or wrongful restraint, extortion and criminal intimidation---Appreciation of evidence---Benefit of doubt---Medical evidence---Scope---Accused were charged for committing rape with the daughter of the complainant by entering into his house and also extending threats of dire consequences if complainant party informed anyone about the occurrence---Statement of Medical Officer showed that she had not observed any mark of violence on the body of victim---Report of Forensic Science Agency manifested that no seminal material was detected therefore no further DNA profiling was conducted---Accumulative effect of said facts was that the ocular account was not synchronized with the medical account---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. [Para. 5 of the judgment] Citation Name: 2023 PCrLJN 94 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD JUNAID VS State Ss. 376, 452, 384 & 506(ii)---Rape, house-trespass after preparation for hurt, assault or wrongful restraint, extortion and criminal intimidation---Appreciation of evidence---Benefit of doubt---Ocular account---Scope---Accused were charged for committing rape with the daughter of the complainant by entering into his house and also extending threats of dire consequences if complainant party informed anyone about the occurrence---Ocular account of prosecution case hinged upon complainant, victim and her mother---Complainant was not eye-witness of the occurrence; his evidence was hearsay---Statements of victim and her mother were not worthy of reliance---Alleged occurrence took place in populated area but not a single independent witness from the vicinity appeared before the Investigating Officer or the Trial Court to support the prosecution version---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court. [Para. 6 of the judgment]

MUHAMMAD JUNAID vs State Benefit of doubt — 2023 PCrLJN 94 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported