ATTA UL MUSTAFA vs State S — 2023 SCMR 1698 SUPREME-COURT

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ATTA UL MUSTAFA VS State S. 376---Rape---Reappraisal of evidence---Implausible incident---DNA report inconclusive---Past conduct of victim adversely reflecting on her credibility---In the present case the victim was 49 years of age while the petitioner/accused was a young lad of 20 years at the time of commission of the alleged offence---Although it was not impossible that a twenty years old boy cannot commit zina with such an older woman but the story told by the victim was not plausible---According to her, the petitioner's mother and his two sisters gave her some intoxicating drink, which made her unconscious and during this period, the petitioner and his friend committed rape with her---It is generally seen in our society that no matter how morally bad one is, he cannot do such kind of act in front of his mother and sisters---Story narrated by the victim did not appeal to reason to the mind of a prudent man---Victim was admittedly a married lady, therefore, medico legal report showing her hymen to be old ruptured was inconsequential---Victim had leveled a specific allegation of intoxicating material being administered to her but neither anything containing intoxicating material was recovered nor any intoxicating material was found in her blood in the medico legal report---Record reflected that the victim had lodged a similar kind of case against another person but the same ended in compromise later on---Such conduct of the victim adversely reflected on her credibility---DNA report was not conclusive and certain about the guilt of the petitioner---Victim had leveled allegation of rape against two persons but according to the report of Forensic Science Agency the co-accused of the petitioner was eliminated as being the contributor of male DNA---This meant that whatever the victim said was not entirely true---Petition for leave to appeal was converted into appeal and allowed, and accused was acquitted of the charge.

ATTA UL MUSTAFA vs State S — 2023 SCMR 1698 SUPREME-COURT

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