Kamran alias Kami vs State Ss — 2024 MLD 1047 KARACHI-HIGH-COURT-SINDH

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Kamran alias Kami VS State Ss. 376 & 511---Rape, attempt to commit offence---Appreciation of evidence---Benefit of doubt---Accused was charged for forcibly committing rape with the daughter of complainant---In the case in hand complainant party including the victim girl had been declared hostile before the Trial Court hence they had not supported the case of prosecution---Alleged incident was said to have taken place on 13.11.2018 at about 2.00 am (night time) whereas the report thereof was registered on 17.11.2018 at 04.30 pm by complainant after the delay of four days without any plausible explanation which showed the real possibility that the matter was reported to the police with due consultation and deliberation---Mashir who was the real brother of the complainant had not been examined before the Trial Court---Statement of said mashir showed that he did not know about the case---Moreover, the mashirnama of arrest showed that accused was arrested on 26.11.2018 in presence of police mashirs and the Investigating Officer in his cross examination admitted that he did not attempt to associate any other local person as mashir---Complainant stated that light was burning whereas the victim stated that there was load-shedding at the time of incident---Moreover, there was difference between the date and time of incident---As per FIR, the alleged incident occurred on 13.11.2018 at 2.00 am (night time) whereas in his examination in chief, the complainant deposed that it was 12.11.2018 and the victim/star witness of the case stated before the Medical Officer that it was 13.11.2018 at 09.00 pm, which created doubt in the prosecution case---Facts and circumstances of the case indicated that the mode and manner of the occurrence had not been ascribed by the victim as to what actually happened on the day of occurrence as it was alleged that she was forcibly subjected to sexual intercourse, but no mark of violence was found on her body by the woman Medico-Legal Officer---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

Kamran alias Kami vs State Ss — 2024 MLD 1047 KARACHI-HIGH-COURT-SINDH

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