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---Medical evidence---Delay in sending swabs for chemical analysis---Accused was charged for forcibly committing rape with the daughter of complainant---Record showed that DNA report said that semen was found but when the semen was not sent then how the Chemical Report could state positive---Moreover, the semen was alleged to have been found on the clothes of the victim, thus, this was a case of attempt to rape and the complainant party had shown their suspicion upon the present accused---Nobody could be convicted on account of presumptions and assumptions as the Woman Medico-Legal Officer had opined that "there might be an attempt of rape"---Moreover, it appeared that victim was produced before the woman Medico-Legal Officer on 19.11.2018 after a delay of six days of the incident but as per medical theory after 72 hours no semen could be detected---Woman Medico-Legal Officer further observed that there were no marks of violence on the body of victim---Victim had no injury on her body at all---Woman Medico-Legal Officer admitted in her cross examination that as per D.N.A report, there was no mention of detection of human semen in the low vaginal cotton swabs---Duration of detection of human semen was about 72 hours---Victim was examined by woman Medico-Legal Officer about one week after the alleged incident---As per Chemical Report, the low vaginal cotton swabs were received at chemical laboratory on 29.11.2018 i.e., about two weeks after the alleged incident---Doubt was there in the report of Chemical Analyst as the human semen was not detected in the low vaginal swabs sent to D.N.A. testing laboratory---Record was silent as to why the delay occurred in the dispatch of cotton swabs to the chemical laboratory---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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