SAFDAR ALI vs State Ss — 2025 SCMR 1437 SUPREME-COURT

Case information

Citation: 2025 SCMR 1437 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: SAFDAR ALI vs State Ss
Subject matter: Criminal

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

SAFDAR ALI VS State Ss. 365-B, 376 & 34---Forcible abduction, rape, common intention---Reappraisal of evidence---Unexplained delay of 3/4 days in lodging the FIR---Consequential---Accused persons were convicted and sentenced by Trial Court for abducting daughter of complainant and committing rape with her---High Court dismissed the appeal whilst upholding conviction---Validity---First Information Report of the case was lodged on 16.01.2020 after an unexplained delay of approximately 3/4 days despite the fact that the occurrence in this case took place during the night of 11.01.2020---In the same vein, the victim reportedly returned on 13.01.2020, but she was medically examined on 24.01.2020---Judicial Magistrate recorded her statement on 24.01.2020 under Section 164, Cr.P.C., and the petitioner's name was first recorded---Inexplicable delay in filing the FIR raised suspicion and undermined the credibility of the prosecution's narrative---Moreover, it was imperative that the police were provided with early information regarding the crime in order to prevent criticism of the report as a result of consultation, deliberation and manipulation---Circumstances established that the prosecution had failed to establish the guilt of the petitioner beyond a reasonable doubt, as such, the instant petition was converted into an appeal and the same was allowed, in circumstances.

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