Citation Name: 2023 YLR 643 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAFAR IQBAL alias ZAFRI vs State Ss

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Citation Name: 2023 YLR 643 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAFAR IQBAL alias ZAFRI VS State Ss. 376 & 382---Criminal Procedure Code (V of 1898), S. 342---Rape, theft in dwelling house--- Appreciation of evidence--- Benefit of doubt---Examination of accused---Scope---Accused was charged for committing rape upon complainant and also taking away Rs. 2500/- from the box lying in the room of the complainant---Trial Court recorded the statement of accused as if he was potent---Said statement of the accused was recorded on 07.09.2013 but that fact also found no mention in the interim order of the said date---Said statement of the accused could not be equated with a statement which was recorded under S. 342, or 340(2), Cr.P.C.---Statement of the accused under S.342, Cr.P.C., was recorded in question and answer form and a certificate was to be furnished by the Trial Court at the foot of the statement in terms of S.364, Cr.P.C., whereas, the statement under S.340(2), Cr.P.C., was always on oath and the accused could be cross-examined by the other side---Statement of the accused could be recorded under S. 342, Cr.P.C., more than once in appropriate cases, if needed, but of course, after observing formalities as prescribed by law---Statement was also read over to the accused and then he admitted the contents of the statement and then put his thumb impression or signed the same as token of its correctness---Procedure which was not prescribed by law was adopted by the Trial Court by recording statement of the accused and then, neither the Medical Officer was summoned nor the said Medico-Legal Report was put to the accused in his statement recorded under S.342, Cr.P.C.---Trial Court had committed the abuse of the process of Court by not questioning the accused in respect of the incriminating circumstance i.e. Medico-Legal Report regarding his potency, although the document was available on the record---When incriminating circumstances were not put to the accused in examination under S. 342, Cr.P.C., then the evidence giving rise to the circumstance could not be utilized by the Court. Citation Name: 2023 YLR 643 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAFAR IQBAL alias ZAFRI VS State Ss. 376 & 382---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Rape, theft in dwelling house---Appreciation of evidence--- Benefit of doubt---Withholding material evidence---Effect---Accused was charged for committing rape upon complainant and also taking away Rs. 2500/- from the box lying in the room of the complainant---Record showed that co-accused of the accused tied the hands of the sister and father of the victim and then confined them in the room near tube well---Said sister was not examined either during the investigation or at trial---Best evidence was withheld by the prosecution and necessary inference might be raised in view of the Art. 129(g) of Qanun-e-Shahadat that had she been produced at trial, she would not have supported the prosecution version. Citation Name: 2023 YLR 643 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAFAR IQBAL alias ZAFRI VS State Ss. 376 & 382---Rape, theft in dwelling house--- Appreciation of evidence---Benefit of doubt---Medical evidence---Scope---Accused was charged for committing rape upon complainant and also taking away Rs. 2500/- from the box lying in the room of the complainant--- Prosecution had not explained as to why the victim was medically examined after three days---Last worn clothes of victim were not produced before the Medical Officer or secured during the investigation---Victim was medically examined by Woman Medical Officer and her Medico-Legal Report was proved through secondary evidence--- Medico-Legal Report suggested that the vaginal swabs were dispatched to the Chemical Examiner and the opinion of the Medical Officer was subject to the result of the said swabs but neither the report of the Chemical Examiner was available on record nor taken during the investigation and for that reason, the final opinion of the Medical Officer was also not available on the record---Accused was acquitted from the charge, in circumstances. Citation Name: 2023 YLR 643 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAFAR IQBAL alias ZAFRI VS State Ss. 376 & 382---Rape, theft in dwelling house--- Appreciation of evidence---Benefit of doubt---Accused was charged for committing rape upon complainant and also taking away Rs.2500/- from the box lying in the room of the complainant---Site plan available on the record did not reflect any outlet, window or ventilator in the room then occupied by family of the victim---In such circumstances, there was no possibility of witnessing the occurrence at 8:00 p.m. from a distance of four kanals---Record was totally silent regarding source of light at the place of occurrence or the room wherein the father and sister of the victim were confined and they claimed to have witnessed the occurrence---Victim claimed to have been raped upon by the accused in an open field but neither any family member nor any passerby or independent person was cited by the prosecution in support of the complainant's version---Record further suggested that the parties were related to each other and at some stage there was chance of betrothal/engagement between the victim and the accused---Accused was acquitted from the charge, in circumstances. Citation Name: 2023 YLR 643 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAFAR IQBAL alias ZAFRI VS State Ss. 376 & 382---Rape, theft in dwelling house--- Appreciation of evidence---Benefit of doubt---Recovery of weapon of offence from the accused---Reliance---Scope---Accused was charged for committing rape upon complainant and also taking away Rs. 2500/- from the box lying in the room of the complainant---Allegedly, the accused as well as his co-accused were armed with weapon but how that weapon was used during the commission of crime was a question which was open to objection---No such explanation was forthcoming on record---Recovery affected from the accused lent no corroboration to the prosecution version. Citation Name: 2023 YLR 643 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAFAR IQBAL alias ZAFRI VS State Benefit of doubt---Principle---If there was element of doubt as to the guilt of the accused, it must be resolved in his favour. Citation Name: 2023 YLR 643 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAFAR IQBAL alias ZAFRI VS State Ss. 376 & 382---Rape, theft in dwelling house--- Appreciation of evidence---Benefit of doubt---Unnatural conduct of victim---Scope---Accused was charged for committing rape upon complainant and also taking away Rs. 2500/- from the box lying in the room of the complainant---In the present case, the conduct of the victim appeared to be unnatural---Victim neither raised any hue and cry nor attempted to resist the accused in any manner while she was being taken/brought to a nearby field---Victim claimed to have been raped upon by the accused against her consent but neither she produced her torn clothes during the investigation nor any mark of violence was seen/observed by the Medical Officer at the time of her medical examination, conducted after three days of the occurrence---Victim claimed that bulb was on at the time of occurrence but no such bulb was shown in, at or around the place of incident, whereas, father of victim claimed otherwise---Said witness responded to a question that no bulb was on at the time of occurrence, thus, question of witnessing the occurrence either by the father of the victim or any other seemed to be improbable, in particular, when no such light was found mentioned in the site plan prepared by the Investigating Officer.

Citation Name: 2023 YLR 643 LAHORE-HIGH-COURT-LAHOREBookmark this Case ZAFAR IQBAL alias ZAFRI vs State Ss — 2023 YLR 643 LAHORE-HIGH-COURT-LAHORE

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