ALLAH DITTA vs State Ss — 2023 YLR 2538 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2538 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: ALLAH DITTA vs State Ss
Subject matter: Criminal
Provisions referred to: S. 174

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

ALLAH DITTA VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of dead body of the minor deceased---Contradictions regarding age of recovered body---Accused was charged for committing murder of the sister of complainant and her daughter---Prosecution version qua the recovery of dead body of minor deceased was not free from doubts---Complainant while submitting application alleged that dead body was recovered by officials of Rescue-1122 from canal, which was buried after postmortem and carrying out the proceedings under S. 174, Cr.P.C., by Sub-Inspector---Admittedly, said deceased was three years old, however, Medical Officer, who carried out postmortem examination of said deceased, mentioned her age as seven years in her postmortem report, whereas on her vaginal examination, it was observed that her hymen was torn, hence, in the given circumstances, it was not believable at all that a father subjected his real daughter to rape, which even otherwise was not the case of the prosecution---Admittedly no official of Rescue-1122 was examined by the prosecution to prove the factum of recovery of dead body of minor deceased---Moreover, prosecution could not prove that the dead body of unknown girl aged seven years as observed by the Medical officer at the time of conducting autopsy, was of deceased in question who in all eventualities was about 3 years of age---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable doubt---Appeal against conviction was accordingly allowed.

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