PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

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

Case information

Citation
2024 MLD 1073 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
MLD
Parties
Ghulam Mustafa vs State S
Subject matter
Criminal
Provisions referred to
S. 376---R

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

Ghulam Mustafa VS State S. 376---Rape---Appreciation of evidence---Benefit of doubt---Delay of six days in lodging FIR---Consequential---Accused was charged for committing rape with the daughter of the complainant---Record showed that the FIR was lodged six days after the incident which ordinarily might have been fatal to the prosecution case---However, in rape and kidnapping cases the complainant in often given some leeway in lodging the FIR as in such cases the main concern was for the family is to search for the missing person or attend to the sexually assaulted minor at hospital as had been explained in the instant case---However, in present case the accused was named by the victim four days after the incident at the time of her discharge from hospital and yet it still took a further two days for the father to register the FIR which put the Court to some caution---Circumstances established that the prosecution had not proved the charge against the accused beyond shadow of any doubt---Appeal against conviction was accordingly allowed.

Other judgments reported in 2024 MLD

Back to the case-law library · Search Pakistani case law in Urdu or English