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---Last seen evidence not believable---Accused was charged for committing rape with the daughter of the complainant---Complainant stated in his evidence in chief that, on 12.07.2017 at about 06.30 pm the accused took away his daughter (the victim) on the pretext of buying for her some candies---At 07.30 pm when the accused brought his daughter back she was bleeding and the accused also threatened and harassed her---Accused disclosed that his daughter had suffered injury on account of falling over---However, in his cross examination complainant stated that when accused took his daughter with him he was not at home and he found his daughter at a doctor's clinic---As such, neither did the complainant see the accused leaving with his daughter nor coming back with his daughter and as such his evidence could not qualify as last seen evidence---No other witness saw the victim leaving her house with the accused---Predominant number of witnesses stated that the accused was with the victim when he brought her home however only one witness put the daughter at the house of accused on the fateful day which again was the complainant who stated that the owner of the house of accused disclosed to him that the victim came to him for getting light---Owner however was not examined and as such that part of the complainant's evidence was hearsay and inadmissible especially, as there was no reason for the owner not to be called as a witness in support of the prosecution case which might at least have led to there being some last seen evidence---As such, there was no last seen circumstantial evidence which at any rate was the weakest form of evidence---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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