Citation Name: 2024 PCrLJ 1048 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Imran vs State Ss — 2024 PCrLJ 1048 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PCrLJ 1048 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PCRLJ
Parties: Citation Name: 2024 PCrLJ 1048 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Imran vs State Ss
Subject matter: Criminal

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

Citation Name: 2024 PCrLJ 1048 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Imran VS State Ss. 376 & 377-B---Rape, unnatural offence---Appreciation of evidence---Benefit of doubt---Medical evidence---Scope---Accused were charged that they took the minor daughter of the complainant in a rickshaw and then raped her---Testimony of Medico-Legal Officer showed that no signs of force were applied on the victim rather it mentioned about old defloration of hymen, meaning thereby that the hymen was not ruptured freshly, pointing towards the accused---Analysis of DNA report showed that samples drawn by Medical Officer were received in the office of Forensic Science Agency with a delay of 17 days with no explanation, which made the report cloudy, losing its credence---Besides, the safe custody of the samples from the date of drawing and securing the same till onward transmission and receipt by the office of Forensic Science Agency had also not been established by the prosecution, which adversely effected the case of the prosecution---Report of Forensic Science Agency did not disclose that the seminal material or the spermatozoa matched with the samples and blood of the accused, thus the report being not conclusive and adverse to the accused could in no way be considered either confirmatory or corroborator in nature, hence no reliance could be placed thereon to hold the accused guilty of the indictment---Circumstances established that the prosecution had failed to prove the indictment---Appeal was accordingly allowed.

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