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Ashir alias Waseem vs State Ss — 2024 YLR 2136 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 2136 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
Ashir alias Waseem 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

Ashir alias Waseem VS State Ss. 377-B, 506-B & 34---Sexual abuse, criminal intimidation, common intention---Appreciation of evidence---No forensic of Universal Serial Bus(USB) containing the video---Effect---Accused was charged that he along with his co-accused persons committed sodomy with the brother of the complainant at gun point and threatened him that if he disclosed such fact to anyone, they would kill him---Record reflected that the USB in which video of the incident was brought before the Court was neither mentioned in the charge framed by the Trial Court against the accused nor the forensic of the same had been done---Record also transpired that in the video of the incident, produced before the Court, in the USB, the accused was not seen, however, it was claimed that the audio in the said video was of the accused---Record further showed that the said USB was obtained by the complainant from the area councilor and subsequently provided to the Investigation Officer---However, the Investigating Officer neither examined the area councilor to ascertain the fact about the origin of the video nor bothered to send the said USB to Forensic Science Laboratory for its authenticity---In the absence of any forensic report qua the authenticity of the USB/video, the same could not be considered a legal basis for proceeding against the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was accordingly allowed.

Other judgments reported in 2024 YLR

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