Rafaqat Hussain Shah vs State Ss — 2025 PCrLJ 1526 ISLAMABAD

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Rafaqat Hussain Shah VS State Ss. 364-a & 493-a---anti -Rape (Investigation and Trial) act (XXX of 2021), S. 17---Criminal Procedure Code (V of 1898), S. 164---Kidnapping or abducting a minor, cohabitation caused by a man deceitfully inducing a belief of lawful marriage, sexual abuse of minor---appreciation of evidence---Confessional statement, retraction of---Scope---accused/appellant was charged for abducting the minor daughter of the complainant for cohabitation caused by appellant deceitfully inducing a belief of lawful marriage---In her S.164, Cr.P.C statements before the Judicial Magistrate, the victim categorically stated that she had contracted marriage with the appellant of her own free will and consent and was voluntarily living with her husband---Statement recorded under oath before the Judicial Officer carried significant evidentiary weight---However, during the examination-in-chief before the Trial Court, the victim completely resiled from that position, alleging instead that the appellant had kidnapped her with the help of his parents---Said stark about-face, without any plausible explanation for the retraction, fundamentally undermined the credibility of victim's testimony---Sequence of events where the victim was sent to Dar-ul-aman after her voluntary statement but later rejoined her parents before changing her version in Court further compounded the suspicion of external influence or ulterior motives---Given that the prosecution's case rested entirely on such inconsistent testimony without any corroborative evidence, the benefit of the doubt must necessarily accrue to the accused, warranting acquittal as per the standard of proof required in criminal cases---appeal against conviction was allowed, in circumstances.

Rafaqat Hussain Shah vs State Ss — 2025 PCrLJ 1526 ISLAMABAD

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