Yaseen Balouch vs State Ss — 2024 MLD 703 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Yaseen Balouch VS State Ss. 302, 324, 365 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine person, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Unnatural conduct of victim/injured/witness---accused were charged for committing murder of sister, brother-in-law and two nephews of the complainant, injuring his niece and also committing rape with his niece and her mother---according to the evidence of injured witness, after the incident she managed to reach Police Station with her younger brother and sister---However no FIR was lodged at that time and no police entry to that effect had been produced---However, it seemed that the police called an ambulance for the young injured women and sent them off unaccompanied to hospital---No member of the ambulance service was examined as a witness and Investigating Officer who was on duty at 8:00 a.m. that morning at Police Station had no idea that injured had reached the Police Station in the morning---Investigating Officer was only informed where the dead bodies were lying and when he reached that place he found that they had already been taken to civil hospital---More so, it was very surprising conduct on the part of injured witness and the police and did not particularly accord with natural human conduct based on the particular facts and circumstances of the case---With regard to the rape of injured witness and that of her mother, in her evidence, the witness stated that two accused took her in a room and they committed zina forcibly; thereafter, another two accused took her mother in a room and committed Zina with her---However, the accused persons vide the impugned judgment had already been acquitted of the rape of injured witness and her mother as such her evidence with regard to such aspect of the case had been disbelieved by the Trial Court and no appeal against the accused persons' acquittal in respect of such offence had been made by the State and as such acquittal of accused had reached finality---Trial Court also acquitted accused of the rape of mother of injured witness---Such findings put entire evidence of injured witness in doubt---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

Yaseen Balouch vs State Ss — 2024 MLD 703 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 MLD