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

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Ashir alias Waseem VS State Ss. 377-B, 506-B & 34---Sexual abuse, criminal intimidation, common intention---Appreciation of evidence---Contradictions in the statement of victim---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 showed that in the FIR, it had been mentioned that the incident took place on 30.04.2024, however, the victim remained mum till 23.05.2022, when the accused persons had shown the video in which the act of sodomy was being conducted with the victim and demanded to repeat the same offence failing which they would make the video viral---Such act of the accused and co-accused compelled the victim to disclose the incident to his mother who subsequently informed her elder son, the complainant, who lodged the FIR---Victim in his statements under S.161, Cr.P.C. stated that after few days of the incident some people of the area told him that they had the video of the incident upon which the victim told his mother who subsequently informed her elder son who lodged the FIR on 24.05.2022---In the statement under S.164, Cr.P.C., it had been mentioned by the victim that after few days of the incident some boys told him that the incident's video had been spread by the accused---Besides the said contradictions in statements of the victim, it was an admitted position that the victim neither disclosed the names of those boys who informed him about the video nor they had been produced in evidence---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was accordingly allowed.

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

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