Syed INAYAT vs State S — 2024 YLR 913 KARACHI-HIGH-COURT-SINDH

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Syed INAYAT VS State S. 377-B---Unnatural offences---Appreciation of evidence---Benefit of doubt---Accused was charged that he had subjected the victim (young boy) to carnal intercourse---Record revealed that victim as a prosecution witness stated that on the date of incident he was asked by the appellant (accused) to purchase meal and deliver the same at his house; when he was going to deliver the same, he was followed by the appellant and he locked the door of his house and committed sodomy with him; he then narrated the incident to his father who lodged report of the incident with the Police---First Information Report was lodged with delay of about 01 day of the actual incident ; such delay having not been explained plausibly, could not be overlooked---Victim, on asking, also stated that place of indent was Karkhana and he did not shout when its lock was closed by the appellant---No one from the Karkhana had been examined by the prosecution---Evidence of the complainant (father of the victim) was of little help to the case of prosecution for the reason that he was not an eye-witness---As per Medical Officer, the victim was examined by another doctor (in-charge of surgical unit) but said doctor had not been examined by the prosecution, and his non-examination could not be over-looked---No seminal material was identified on anal swab of the victim which could have connected the appellant in commission of the incident--- Investigation Officer, on asking, was fair enough to say that he recorded statements of mohalla (locality) people---None of them were examined by the prosecution and their non-examination could not be overlooked---Thus, the prosecution had not been able to prove its case against the appellant beyond shadow of doubt---Criminal jail appeal against conviction was allowed accordingly.

Syed INAYAT vs State S — 2024 YLR 913 KARACHI-HIGH-COURT-SINDH

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