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---Contradictions in the statements of witnesses---accused were charged for trespassing the house of abductee/sister-in-law of complainant, kidnaping her with intention to commit zina and throwing her from motorcycle, with the result that her teeth, legs and arms were broken---according to Medical Officer, victim was brought at hospital in injured condition on 09.07.2019 at 1:45 pm whereas Head Constable/witness in his deposition had stated that he was present at Police Station at 1:30 pm when SHO informed him about arrival of an injured at hospital with a history of road traffic accident and directed him to go there---Said witness went to hospital and issued letter for providing medical treatment to victim---By stating so, said witness had contradicted Medical Officer in respect of time of arrival of victim in hospital---Surprising to note that according to Medical Officer victim was brought at hospital at 1:45 pm, but memo of inspection of injuries, prepared by Head Constable and placed on record, showed its time of preparation at 1:40 pm---How was it possible that such a memo was prepared at hospital before arrival of victim at hospital, as she according to Medical Officer was brought at hospital at 1:45 p.m.---Complainant while appearing before the Trial Court had contradicted the story narrated by him in his FIR by deposing that on 09.07.2019 at 2 p.m., when he reached at hospital and saw victim in injured condition and due to seriousness of injuries she was shifted to another hospital, but he suppressed that fact in FIR which was registered by him on next day (10.07.2019) at 5:00 p.m., which itself made out the case as doubtful---Complainant also contradicted a witness in his cross-examination that he reached the house of his in-laws before ten minutes of the incident whereas according to that witness, complainant came to their house before one hour of the incident---according to complainant the police informed him about the admission of victim in hospital, whereas that witness in his cross-examination had admitted that Police Constable was their close relative who informed him about the admission of victim in hospital, in presence of complainant---Complainant had stated that there were 15 to 16 houses adjacent to the house of his in-laws whereas according to witness only 3 or 4 houses were situated near to his house---Said witnesses had further been contradicted by victim, who in her cross-examination had stated that about 4 to 5 houses were situated in their Mohallah---another witness in his examination-in-chief had deposed that on 30.07.2019 he along with others brought victim at Police Station where aSI prepared memo of recording S. 164, Cr.P.C. statement of abductee/victim---On the other hand, said aSI in his cross-examination had stated that victim came alone at Police Station and her relatives reached after 30 to 45 minutes of her arrival on his call---Witness in his deposition had stated that memo of recording S. 164, Cr.P.C. statement of victim was prepared by aSI in his presence and in presence of Mr. "a" whereas according to Investigating Officer such a memo was prepared by WHC on his dictation---Prosecution case was that when accused persons entered into the house of victim, they took out pistols from the folds of their shalwar and forcibly abducted victim on the show of pistols---Victim though had supported such aspect of the matter in her evidence before the Trial Court, but narrated a different story in her S. 164, Cr.P.C. statement by stating that accused fired from his gun when entering in her house---None of the witnesses had deposed a single word in her support that accused was armed with gun and he fired a shot from his gun inside the house of victim---Comparison of the statements of complainant, victim and eye-witness established that they not only contradicted each other, but altogether narrated a different and conflicting story---Thus, it was difficult for a prudent mind to ascertain that who was deposing true facts, when otherwise under the facts and circumstances of the case, they were the star witnesses of the prosecution and being the central figures, the entire prosecution case revolved upon their testimony, but due to glaring contradictions and discrepancies, noted above, their testimony was not worth credence---Thus, in no way the statements of either of the witnesses were helpful to the prosecution rather caused a big and irreparable dent and damage to the prosecution case---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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