Ghulam Mustafa vs State S — 2024 MLD 1073 KARACHI-HIGH-COURT-SINDH

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Ghulam Mustafa VS State S.376---Rape---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Accused was charged for committing rape with the daughter of the complainant---Record showed that the evidence of three out of the six witnesses, i.e., father of the victim, wife of the accused and mother of the victim was contradictory in how the victim returned home in an injured condition and her level of consciousness---Complainant contradicted himself in his cross examination in a material way with regard to that aspect of the case---With regard to wife of accused, she stated in her evidence that she was at her mother's house when a young boy told her that the victim was lying in a gali near her mother's house---Said witness and her mother came out of her house and saw the victim bleeding in an unconscious condition so they took her to the doctor---Significantly the mother of said witness was not called as a witness to corroborate her story which was at odds with the evidence of mother of the victim who stated in her evidence that on 12.07.2017 the victim came into the house and her condition was not fit and blood was oozing from her private parts and her blood was stained on her shalwar in the back---In her evidence her daughter appeared to be conscious---In any event with regard to such aspect of the case wife of the accused and mother of the victim completely contradicted each other in a material way which casted doubt on their credibility and reliability of their evidence as with the evidence of the complainant with regard to such aspect of the case---Circumstances established that the prosecution had not proved the charge against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

Ghulam Mustafa vs State S — 2024 MLD 1073 KARACHI-HIGH-COURT-SINDH

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