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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
Provisions referred to
S. 342---S; S. 342; Criminal Procedure Code (V of 1898)

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---Criminal Procedure Code (V of 1898), S. 342---Sexual abuse, criminal intimidation, common intention---Appreciation of evidence---Possibility of false implication due to a prior dispute---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 the accused in his statement under S.342, Cr.P.C., inter alia, deposed that he and the complainant worked in the same office and due to some dispute between them in respect of the office affairs he had been falsely involved in the case---Complainant and the victim though admitted the fact that the accused and the complainant worked in the same office, however, they disputed the incident as mentioned in the statement under S.342, Cr.P.C---Said facts reflected that the accused and the complainant party knew each other prior to the occurrence and as such possibility of dispute and difference between parties could not ruled out---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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