Farman ullah vs State Ss — 2025 MLD 875 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 MLD 875 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: MLD
Parties: Farman ullah vs State Ss
Subject matter: Criminal

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

Farman ullah VS State Ss. 376 & 506(b)---Rape, criminal intimidation---Appreciation of evidence---Contradictions in the statements of witnesses---Accused was charged for committing rape with the sister of the complainant, capturing her pictures and threatening her of dire consequence---As per allegations of complainant, after lodgment of FIR, he along with victim rushed towards hospital, while the victim in negation of such statement of complainant, stated that they after two or three days went to hospital for medical examination---Circumstantial witness stated that they proceeded to hospital, after two or three days, while contrary to that Medical Officer/Police Surgeon deposed that on 05.04.2020 at about 09.00 pm, the victim was brought to Civil Hospital for medical examination---All the witnesses contradicted each other on the point of medical examination of the victim---Furthermore, as per prosecution story, the alleged occurrence had taken place on 05.04.2020, while the victim appeared in witness box and stated the alleged date of occurrence as 06.04.2020---Prosecution witnesses were also not in line with regard to the age of the victim, as Medical Officer deposed that a girl, aged about 21 years, was brought by Investigating Officer while all the prosecution witnesses deposed the age of victim as about 12/13 years---Both the medical opinions contradicted each other---Circumstances established that prosecution could not prove its case against the appellant beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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