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Rafaqat Hussain Shah vs State Ss — 2025 PCrLJ 1526 ISLAMABAD

Case information

Citation
2025 PCrLJ 1526 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
PCRLJ
Parties
Rafaqat Hussain Shah vs State Ss
Subject matter
Criminal
Provisions referred to
S. 17---Q

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

Rafaqat Hussain Shah VS State Ss. 364-a & 493-a---anti-Rape (Investigation and Trial) act (XXX of 2021), S. 17---Qanun-e-Shahadat (10 of 1984), art. 129(g)---Kidnapping or abducting a minor, cohabitation caused by a man deceitfully inducing a belief of lawful marriage, sexual abuse of minor---appreciation of evidence---Withholding material witness---adverse presumption---accused/appellant was charged for abducting the minor daughter of the complainant for cohabitation caused by appellant deceitfully inducing a belief of lawful marriage---Complainant was not eye-witness to the alleged incident---However, knowledge of offence was derived solely from hearsay, as he was informed about the occurrence by his son---Notably, the Investigating Officer failed to examine said son of complainant, whose testimony would have been crucial for corroborating the complainant's version---Such omission raised serious doubts regarding the veracity and reliability of the complainant's account, as it lacked independent evidentiary support and remained uncorroborated by the material witness---adverse presumption as enunciated under art. 129 (g) of Qanun-e-Shahadat, 1984 would arise against the complainant that had the said witness appeared in the witness box, he would not have supported the stance of the complainant---appeal against conviction was allowed, in circumstances.

Other judgments reported in 2025 PCRLJ

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