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

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SAFDAR ALI VS State Ss. 365-B, 376 & 34---Forcible abduction, rape, common intention---Reappraisal of evidence---Co-accused acquitted on the same set of evidence---Effect---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---In the case in hand, victim was the sole witness and no one else witnessed the occurrence in question---Entire rape incident was associated with her---Consequently, testimony of victim was the determining factor in the entire case---Courts below in acquitting the co-accused persons determined that the statement of victim was unreliable in that context---Such fact raised a substantial query about the credibility of the same statement when applied to the petitioner---Conviction of an accused person cannot be exclusively based on the testimony of a witness if that testimony has been disbelieved in relationship to another accused person---Testimony of a single witness is only admissible if it is determined to be reliable and unimpeachable---In the present case, the reliability of the statement of victim regarding the co-accused had directly been undermined by the Courts---High Court's reliance on the victim's statement, which had been disregarded in relation to the co-accused, was not only contradictory but also raised significant concern about the integrity of the prosecution's case---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.

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

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