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Citation Name: 2025 PCrLJ 256 KARACHI-HIGH-COURT-SINDHBookmark this Case Aslam alias Ghaloo vs State Ss — 2025 PCrLJ 256 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 PCrLJ 256 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
PCRLJ
Parties
Citation Name: 2025 PCrLJ 256 KARACHI-HIGH-COURT-SINDHBookmark this Case Aslam alias Ghaloo vs State Ss
Subject matter
Criminal
Provisions referred to
S. 345---R; S. 452; Criminal Procedure Code (V of 1898)

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

Citation Name: 2025 PCrLJ 256 KARACHI-HIGH-COURT-SINDHBookmark this Case Aslam alias Ghaloo VS State Ss. 376, 511, 452(2), 337-H(2) & 34---Criminal Procedure Code (V of 1898), S. 345---Rape, attempted rape, house-trespass after preparation for hurt, assault or wrongful restraint, rash or negligent act to endanger human life or personal safety of others, common intention---Appreciation of evidence---Compounding of offence---Accused was charged for attempting rape with the complainant after entering her house---Appellant and complainant due to indulgence of community people settled down their differences outside the Court---No doubt appellant was tried for the charge under Ss.376, 511, read with S.452, P.P.C; however, at the time of trial prosecution did not adduce sufficient evidence in respect of Ss.376, 511, P.P.C., hence Trial Court while making discussion over points for determination had acquitted the appellant from the charges of Ss.376, 511 P.P.C and had convicted him for the charge of S.452 P.P.C only---Though the offence with which the appellant stood convicted was not compoundable, however, appellant had remained in jail for some time, besides the offence with which he stood charged pertained to year 2016, thus had been facing agony of trial as well as proceedings of instant appeal right from 2016, for a period of about 08 years, which was sufficient punishment for him---At this juncture when the complainant/victim herself did not wanted to prosecute the appellant anymore and they being inhabitants of same area wanted to live peacefully by maintaining law and order situation as well as tranquility, in such a situation parties may be allowed to live peacefully, even in a case when the offence with which accused was charged was non-compoundable---In such circumstances, it would be in the best interest of justice, equity and fair play that the compromise arrived at between the parties in instant case in respect of non-compoundable offences was accepted/allowed to take effect---Appeal was allowed, in circumstances.

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