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---Q

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---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Rape---Appreciation of evidence---Benefit of doubt---Victim not produced to give evidence---Consequential---Accused was charged for committing rape with the daughter of the complainant---Record showed that the victim was not produced by the prosecution despite her being about eight years of age and since the accused was known to her as a relative she could easily have identified him as the person who had sexually assaulted her/raped her---Thus, there was no eye witness to the sexual assault/rape---With no eye witness to the rape as such the prosecution case was based on circumstantial evidence which the court must view with great care and 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.

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