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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. 161

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---Delay of 04 days in recording the statements of witnesses after lodging the FIR---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 transpired that the statements under S.161, Cr.P.C., of the complainant and the victim were recorded on 27.05.2022 after a delay of 27 days of the incident and approximately after four days of lodging of the FIR that too without any plausible explanation---Late recording of statement under S.161, Cr.P.C., of a prosecution witness reduced its value to nil unless there was plausible explanation for such delay, which in the present case was lacking---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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