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---Kidnapping or abducting a minor, cohabitation caused by a man deceitfully inducing a belief of lawful marriage, sexual abuse of minor---appreciation of evidence---Co-accused acquitted on same set of evidence---accused/appellant was charged for abducting the minor daughter of the complainant for cohabitation caused by appellant deceitfully inducing a belief of lawful marriage---acquittal of co-accused/parents of appellant, by the Trial Court warranted a critical reassessment of the prosecution's case, particularly in light of the victim's specific allegations against them---Victim categorically stated that mother of appellant played an active role in the alleged kidnapping by luring her under the pretext of seeking help for shifting household items and was physically present and seated in the vehicle at the time of the incident---Despite these direct allegations, the Trial Court acquitted mother of appellant based on the same set of evidence that had been used to prosecute the present appellant---Such differential treatment of co-accused persons raised serious questions regarding the consistency and reliability of the prosecution's case---If the evidence was insufficient to establish the culpability of parents of appellant, despite the victim's explicit accusation, then the very foundation of the prosecution's case against the appellant, became inherently weak---admittedly the prosecution had not filed an appeal against acquitted accused---Principle of judicial parity demanded that similarly situated accused persons should not be treated disparately unless there existed compelling distinguishing factors---Once prosecution witnesses were disbelieved concerning a co-accused, then they could not be relied upon with regard to the other accused unless they were corroborated by corroboratory evidence which came from an independent source and was also unimpeachable in nature---appeal against conviction was allowed, in circumstances.

Rafaqat Hussain Shah vs State Ss — 2025 PCrLJ 1526 ISLAMABAD

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