Citation Name: 2025 PCrLJ 1633 KARACHI-HIGH-COURT-SINDHBookmark this Case Hakim Ali vs State Ss

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Citation Name: 2025 PCrLJ 1633 KARACHI-HIGH-COURT-SINDHBookmark this Case Hakim Ali VS State Ss. 354-a & 504---assault or use of criminal force to woman and stripping off her clothes, intentional insult with intent to provoke breach of the peace---appreciation of evidence---Inconsistencies and contradictions in the statement of witnesses---accused was charged for assaulting the daughter of the complainant and stripping off her clothes and in that condition exposing her to the public view due to the refusal of her marriage with the accused---Complainant admitted during cross-examination that although he alleged that the accused had demanded his daughter's hand in marriage several days before the incident, that crucial fact was never disclosed to the police or mentioned in the FIR---Complainant also acknowledged that there was no specific location described in the FIR where the incident took place, despite the alleged scene being in a populated area---Complainant further conceded that all the witnesses were his own family members and no independent or impartial witness was produced, even though he claimed that 10-12 people had gathered at the scene---Moreover, complainant did not report the incident promptly and only lodged the FIR after an unexplained delay, during which time the alleged torn shirt was produced without any verification of ownership or condition---Importantly, he denied the defense suggestion regarding financial dispute but did not refute the accused's proximity to their residence, nor did he provide clear justification for the delay in reporting such a serious offence---Eye-witness, in her cross-examination, also admitted that the names of any independent witnesses who allegedly gathered at the scene were not given to the police---Said witness too confirmed the close proximity of the accused's residence to their own, further raising questions about the sudden hostility without prior indication---Victim introduced further contradictions by stating the incident persisted over a period of two months, contrary to the accounts of a single event provided by her father and sister---Victim also admitted that the accused was a relative and their families were on visiting terms, which the other witnesses had denied, thereby creating further inconsistency---Victim's testimony regarding the shirt, including the lack of any purchase record, her denial of wearing a brazier and the omission of the shirt's color in her statement, left uncertainty regarding the very object that allegedly corroborated the incident---Victim, too, could not explain why no outsiders were named as witnesses despite asserting a public uproar---Collectively, these discrepancies, contradictions and omissions in the cross-examinations, especially regarding the timeline, the nature and ownership of the torn shirt, the absence of independent witnesses and the relationship dynamics between the parties, rendered the prosecution's case doubtful---appeal against conviction was allowed, in circumstances.

Citation Name: 2025 PCrLJ 1633 KARACHI-HIGH-COURT-SINDHBookmark this Case Hakim Ali vs State Ss — 2025 PCrLJ 1633 KARACHI-HIGH-COURT-SINDH

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