RASHID AHMED vs State S — 2023 YLR 2412 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2412 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: RASHID AHMED vs State S
Subject matter: Criminal
Provisions referred to: S. 496-B; S. 203-C---F; S. 203-C; Criminal Procedure Code (V of 1898)

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

RASHID AHMED VS State S. 496-B(2)--- Criminal Procedure Code (V of 1898), S. 203-C---Fornication---Appreciation of evidence---Benefit of doubt---DNA test---Consent, proof of---Two accused were sent to face trial for abducing and raping complainant/prosecutrix---Trial Court acquitted one accused while the other was convicted for committing fornication and was sentenced to imprisonment for five years---Validity---For convicting a person in the offence of fornication, complaint in terms of S. 203-C, Cr.P.C., was mandatory---Male alone could not be convicted in the offence of fornication and consenting female could not be believed as a witness against male accused---On external examination of complainant/prosecutrix, lady doctor did not find any mark of violence on her body---Ocular account was not supported by forensic evidence as vaginal swabs of complainant/prosecutrix were not found matched with blood sample of accused---Matching of semen stains taken from bed sheet from place of occurrence, which was drawing room of accused, with his blood sample was not sufficient proof to hold that the accused had committed sexual intercourse with the complainant/ prosecutrix---Prosecution case was full of improbabilities, legal and factual infirmities of fatal nature and was pregnant with bristling doubts of grave nature---Prosecution failed to prove its case against accused beyond reasonable doubt---High Court set aside conviction and sentence recorded by Trial Court and acquitted accused of the charge by extending benefit of doubt---Appeal was allowed accordingly.

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