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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---Medical evidence---DNA test not conducted---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---From perusal of the medical report of the victim, it appeared that in the present case the act of sodomy was not performed, however, in opinion of the Medico-Legal Officer possibility of an attempt of sodomy could not be ruled out---If two views were possible on the evidence adduced in the case, one indicating the guilt of accused and other pointing to his innocence, the view favourable to the accused was to be adopted---Record showed that neither DNA was conducted nor recovery of any incriminating material had been effected from 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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