Amjad Ali vs State S — 2024 MLD 1563 LAHORE-HIGH-COURT-LAHORE

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Amjad Ali VS State S. 376(1)---Rape---Appreciation of evidence---Place of occurrence, of offence not proved---Accused was charged for committing rape with the sister of complainant on gun point---Though it was the prosecution case that accused took the victim from the school under the pretext that her mother being indisposed was being treated in the house of co-accused, but Investigating Officer did not join into investigation any Chowkidar, teacher, student or any other person from the school where victim was teaching on the day of occurrence---Investigating Officer also did not join "GB" owner of adjacent workshop or any labourer working there---Moreover, it was in evidence that a petrol-pump was situated just opposite to the place of occurrence but Investigating Officer did not record statement of any person from the said petrol pump, who could have seen the victim going with the accused, or approaching of witnesses at the crime scene later---Thus, prosecution could not prove the place of occurrence where rape was committed---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 MLD 1563 LAHORE-HIGH-COURT-LAHORE Amjad Ali VS State S. 376(1)---Rape---Appreciation of evidence---Contradictions in the statements of witnesses---Accused was charged for committing rape with the sister of complainant on gun point---Complainant claimed production of broken string, shirt and torn Shalwar of victim before the Investigating Officer---Investigating Officer controverted such fact by stating that the complainant or the victim did not produce the clothes and broken string---Investigating Officer did not ask the complainant and the victim to produce the clothes and the broken string---Prosecution leveled allegation against two accused persons---Place of occurrence was reportedly house of co-accused, and allegation against her of guarding the act of rape, was not possible when it was admitted by the witnesses that parents and kids of co-accused were residing in the same house---Said house consisted of only one room which was at a distance of 35 to 40 feet and 5/7 karams from main gate, which was the reason Investigating Officer found co-accused not involved in the commission of offence, therefore, she was acquitted after trial---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 MLD 1563 LAHORE-HIGH-COURT-LAHORE Amjad Ali VS State S. 376(1)---Rape---Appreciation of evidence---Delay of five days in lodging the FIR---Consequential---Accused was charged for committing rape with the sister of complainant on gun point---Admittedly, complainant was not the eye-witness of occurrence who reported the matter with the delay of five days on 14.11.2016 and stated that victim did not inform him about the occurrence from her cell phone on the same day---Though the complainant in his statement before the Court stated to have reported the matter through an application on 12.11.2016 which by itself was after three days of the occurrence however, FIR was further delayed for two days and registered on 14.11.2016---In any manner there was apparent delay in reporting the matter to the police and lodgment of the FIR and no explanation whatsoever was available on the record for such delay---Thus, the possibility of due deliberation and consultation by the complainant before reporting the occurrence to the police could not be ruled out of consideration---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 MLD 1563 LAHORE-HIGH-COURT-LAHORE Amjad Ali VS State S. 376(1)---Rape---Appreciation of evidence---Presence of witnesses at the time and place of occurrence doubtful---Accused was charged for committing rape with the sister of complainant on gun point---Place of occurrence was disputed because alleged eye-witnesses could not describe or explain it clearly when they deposed that they did not remember that cots were lying in the room and conceded that they did not see any other house-hold articles in the room where alleged occurrence took place---Place of occurrence was further disputed when Investigating Officer did not collect anything incriminating from that place and though witnesses claimed hearing of hue and cry of victim when they reached near the shop of "GB" which was opened yet said "GB" whose workshop was shown adjacent to the house of occurrence was not associated with the investigation nor produced during the trial---From the narration of witnesses, it could safely be held that neither they were present at the place of occurrence nor in any manner witnessed the occurrence---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 MLD 1563 LAHORE-HIGH-COURT-LAHORE Amjad Ali VS State S. 376(1)---Rape---Appreciation of evidence---Medical evidence not supporting the prosecution case---Accused was charged for committing rape with the sister of complainant on gun point---Occurrence took place on 09.11.2016, but victim took five days to appear before the doctor for her medical examination on 14.11.2016---Woman Medical Officer examined her and expressed her opinion with respect to examination of clothes as no cut, no tear and no hole etc., was present on the clothes---No blood, no urine or vomit was present---For local/specific examination the observation was that no bruise, abrasion, laceration or other type of injury was present, and that vagina admitted one finger and the hymen was old healed and ruptured---Only mild submucosal hemorrhages disappear within 3 to 4 days, whereas "marked" hemorrhages persisted for 11 to 15 days; therefore, if the rape was committed with the victim forcibly, then in five days hymen should not have healed up---In such state of affairs, the story put forth by the prosecution with respect to commission of rape with the victim fell to the ground, because medical examination of victim after five days showed old healed rupture of hymen which was not possible in five days---Moreso, Investigating Officer conceded during cross-examination that Forensic Science Agency Report was received with the opinion that no seminal material was found on the vaginal swabs---Therefore, no support to prosecution story was available in the form of medical evidence---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 MLD 1563 LAHORE-HIGH-COURT-LAHORE Amjad Ali VS State S. 376(1)---Rape---Appreciation of evidence---Statement of victim doubtful---Accused was charged for committing rape with the sister of complainant on gun point---Evidence showed that school was adjacent to the place of occurrence and the star witness/victim conceded during cross-examination that one security guard remained present in school timing at the gate of the school---Victim being grownup lady working as teacher in the school was not expected to blindly follow the accused towards the house of co-accused because she herself conceded that no clinic of a doctor or a nurse was in the house of co-accused---Victim exaggerated during cross-examination that accused caught of her from the gate of the school, dragged her towards the house of co-accused and in that process she received abrasions on the hands and other parts of her body during the scuffle but admitted that she did not show such abrasions to Woman Medical Officer at the time of her medical examination---Alleged place of occurrence was adjacent to school, i.e. workshop of "GB" and opposite to a petrol pump, therefore, it could not be expected that one could drag the victim without notice or alarm to anyone around---Fact of dragging had not been deposed by any other witness, therefore such expression was created by the victim to earn a favour that she was helpless against masculine aggression---Contention of victim about abrasions on her body during such scuffle could not materialized through the medical opinion---Thus, victim was not truthful witness, and her claim of resistence/scuffle with accused could have taken corroborative effect if her complete medical examination revealed some other form of aggression on or around her perineal area, which was missing---Appeal against conviction was allowed, in circumstances.

Amjad Ali vs State S — 2024 MLD 1563 LAHORE-HIGH-COURT-LAHORE

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