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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---Non-recovery of incriminating material---Consequential---Accused was charged for committing rape with the daughter of the complainant---With regard to the blood and semen on the Shalwar of the accused that was removed from his house by his annoyed wife five days after the incident and given to the police, interestingly, no blood was found from the house of the accused which begged the question whether the sexual assault/rape actually took place in his house---Blood and semen was sent to the Chemical Examiner nine days after the incident and remained with the Chemical Examiner for about eleven months---Most witnesses stated that the accused was with the bloodied victim from the time he brought her home to taking her to the local doctor, then to civil hospital and a medical center so it might be that the blood on his shalwar came from the victim during that period although that was not conclusive---With regard to the human sperm being found on the shalwarof accused that was probably the strongest piece of circumstantial evidence against the accused however the shalwar was not kept in safe custody and although sperm had been found on his shalwar there was no evidence that the sperm belonged to him---Even if the sperm did belong to accused it could have been planted by his wife who was annoyed with him, for not living with him and wanted a divorce---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

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