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SAGHIR AHMED vs State S — 2023 SCMR 241 SUPREME-COURT

Case information

Citation
2023 SCMR 241 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
SCMR
Parties
SAGHIR AHMED vs State S
Provisions referred to
S. 377---

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

SAGHIR AHMED VS State S. 377--- Commission of sodomy with a minor--- Reappraisal of evidence---Benefit of doubt---Report of Forensic Science Agency and medical office not giving definite finding of sodomy---Victim was medically examined on the same day and his medical report clearly stated that the child had not yet defecated, nor taken shower or cleaned the area after the act; that on general physical examination, no signs of physical trauma were noted on body; that there was mild redness around the anal sphincter but no bruise, no swelling, no abrasion or laceration was noted on skin around anal sphincter---Victim neither complained of pain on walking or defecation---Two external and three internal anal swabs were sent to Forensic Science Laboratory for DNA analysis, which did not give any definite finding and the report just denoted that the victim may have been victimized with the act of sodomy---In such view of the matter, the report of the Forensic Science Agency had to be interpreted in favour of the accused---Report of the Forensic Science Laboratory was sufficient to cast a shadow of doubt on the prosecution case, which entitled the petitioner to the right of benefit of the doubt---Jail petition was converted into appeal and accused was acquitted of the charge.

Other judgments reported in 2023 SCMR

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