Haresh Kumar vs State Ss — 2024 PCrLJ 1075 KARACHI-HIGH-COURT-SINDH

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Haresh Kumar VS State Ss. 376, 114, 34 & 496-B---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Rape, abettor present when offence is committed, common intention, act of terrorism---appreciation of evidence---Benefit of doubt---Sentence, reduction in---Case of fornication instead of rape---accused was charged for forcibly committing rape with the daughter of the complainant---admittedly, the only eye-witness of the incident was the victim herself and her mother---alleged victim had deposed in her evidence that while she was discharging urine the accused allegedly entered in the washroom and committed rape with her, and when her mother came the accused decamped from the scene---Evidence of victim as well as her mother did not show that accused had caused any injury or used force upon the victim nor the victim as well as her mother or any other inmate of the ward/hospital raised hue and cry through which it could be deduced that due to act of the accused, any insecurity or panic atmosphere was created or the act of zina-bil-jabr was committed---Complainant of present case, who was father of victim, was not an eye-witness---astonishingly at the time of passing urine the victim had not bolted the door of washroom---Question also arose as to how the accused being an outsider entered in the hospital and went to the washroom at a particular time in early hours of the morning---all the said factors suggested that either the offence as alleged was not committed or the victim herself had called the accused for the alleged act and latter she implicated him in the case---Plea of the accused that the victim's family were habitual in making and filing criminal cases against others got support from the evidence of the victim wherein she admitted that prior to this incident same type of allegation was leveled against one co-villager---Clothes allegedly worn by the victim at the time of the offence were not torn nor she sustained any scratch on her body; therefore, court was persuaded to believe that it was a case of fornication and no offence of zina-bil-jabr was committed---In such circumstances, the accused was convicted under S.496-B, P.P.C. and sentenced to suffer R.I for 05 years, which term of sentence the accused had already served out in jail---as none of the ingredients of terrorism as set out in anti-Terrorism act, 1997, were established in this case against the accused; therefore, he was acquitted from the charges of Ss.6 & 7 of anti-Terrorism act, 1997---appeal was dismissed with modification in sentence.

Haresh Kumar vs State Ss — 2024 PCrLJ 1075 KARACHI-HIGH-COURT-SINDH

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