MUHAMMAD ASLAM vs State S — 2023 SCMR 397 SUPREME-COURT

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MUHAMMAD ASLAM VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 376 & 292---Constitution of Pakistan, Art. 185(3)---Rape, sharing explicit videos and pictures of a rape victim---Bail, grant of---Further inquiry---Allegedly the accused committed rape with the complainant 2/3 months prior to lodging of the FIR but no specific date and time of the alleged occurrence had been disclosed---Complainant did not utter even a single word for the delay in lodging the FIR---During medical examination of the complainant, the lady doctor found no visible redness, abrasion, bruise, laceration, tear or any other violence mark on the body of the alleged victim---Hymen was found to be old ruptured and there was no sign of bleeding---Neither any DNA test nor grouping test of the semen had been conducted---In the absence of grouping test of the semen, it could not be held with certainty that the victim was subjected to zina by the accused especially when she was admittedly a married woman---Although, the video of the alleged occurrence was sent to the Forensic Science Laboratory (FSL) for analysis but the report showed that the video was created about seven months prior to the registration of the FIR, which prima facie contradicted the prosecution story---Prosecution showed its ignorance to the query whether the mobile from which the video and explicit pictures were made belonged to the accused---Mobile phone/instrument had also not been sent to FSL for analysis---Accused was behind the bars for the last one year---Case of the accused squarely fell within the ambit of section 497(2), Cr.P.C calling for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail.

MUHAMMAD ASLAM vs State S — 2023 SCMR 397 SUPREME-COURT

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