AHSAN vs State Ss — 2024 YLR 578 KARACHI-HIGH-COURT-SINDH

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AHSAN VS State Ss. 365-B, 336, 337-a(i), 337-F(v), 452 & 34---Kidnapping, abducting or inducing woman to compel for marriage, itlaf-i-salahiyyat-i-udw, shajjah-i-khafifa, ghayr-jaifah-hashimah, house-trespass after preparation for hurt, assault or wrongful restraint, common intention---appreciation of evidence---Benefit of doubt---Statement of abductee in contradiction to the charge framed---accused were charged for trespassing the house of abductee/sister-in-law of complainant, kidnapping her with intention to commit zina and throwing her from motorcycle, with the result that her teeth, legs and arms were broken---abductee while appearing before the Trial Court had deposed that after her abduction accused beat her mercilessly with iron rod and she became unconscious and regained senses in hospital, where she was examined by the Medical Officer---Police and her relatives also arrived at hospital---From said hospital, she was referred to another hospital, but her relatives took her to a different hospital for further treatment---Said statement of abductee clearly showed that she sustained injuries with the blows of iron rod and not due to throwing from a motorcycle---Surprising to note that the entire charge was silent with regard to the allegation of torture and inflicting injuries with the blows of iron rod---Charge only specified that accused persons while taking abductee threw her from the motorcycle as a result of which she sustained injuries---Charge, thus, was in conflict with the statement of abductee recorded before the Judicial Magistrate, under S. 164, Cr.P.C., as well as her evidence adduced before the Trial Court---Likewise, while examining the accused under S. 342, Cr.P.C., the Trial Court did not put a single question to the accused as to causing torture to abductee and inflicting injuries to her with the blows of iron rod---None of the prosecution witnesses had supported abductee that injuries on her person were caused with the blows of iron rod and she was subjected to torture by the accused persons---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

AHSAN vs State Ss — 2024 YLR 578 KARACHI-HIGH-COURT-SINDH

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