MUHAMMAD ASGHAR vs State Ss — 2025 SCMR 1616 SUPREME-COURT

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MUHAMMAD ASGHAR VS State Ss. 302(b), 352 & 354---Qatl-i-amd, assault or criminal force used against someone, except when there is grave and sudden provocation, assault or criminal force to a woman with intent to outrage her modesty---Re-appraisal of evidence---Benefit of doubt---Non-availability of medical evidence---Petitioner/accused was charged for committing murder of the husband of complainant by inflicting danda blows and then he subjected complainant and her daughter to physical assault and tore their clothes, in an attempt to outrage their modesty---Although, the prosecution alleged that the petitioner, after attacking the deceased, entered the house of the complainant and assaulted both her and her daughter---No Medico-Legal Report was produced to substantiate the claim of physical assault or the alleged outraging modesty---In cases where bodily harm or indignity was alleged, the securing of medical evidence served as the most objective and reliable proof---Prosecution, however, remained content with oral assertions unsupported by any medical documentation---Such omission assumed particular significance given the seriousness of the allegation and the failure to have either the complainant or her daughter examined medically casted doubt upon whether such an incident occurred at all in the manner alleged---Absence of such evidence, where reasonably it ought to have been scoured, constituted a material lacuna, which further weakened the prosecution's version and detracted from its overall credibility---Appeal against conviction was allowed, in circumstances.

MUHAMMAD ASGHAR vs State Ss — 2025 SCMR 1616 SUPREME-COURT

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