MUHAMMAD AZAM vs State Ss — 2025 SCMR 810 SUPREME-COURT

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MUHAMMAD AZAM VS State Ss. 365-B, 376 & 380---Qanun-e-Shahadat (10 of 1984), Art. 129, illustration (g)---Abduction, rape and theft---Re-appraisal of evidence---Material witnesses, withholding of---Presumption---Medical evidence---Delay in sending vaginal swabs to Chemical Examiner---Accused was alleged to have abducted and raped a minor girl with the help of three co-accused persons; one stood acquitted and two absconded---Trial Court convicted the accused and sentenced him to imprisonment for life---Validity---Mother of abductee, her brothers, and other persons who allegedly accompanied the complainant in the process of recovery of abductee were not produced by prosecution---Old lady who allegedly informed father of the victim girl was a material witness and it amounted to withholding of best available evidence---Adverse inference within the meaning of Article 129(g) of Qanun-e-Shahadat, 1984 was drawn against prosecution that had the persons been produced in witness box they would not have supported prosecution's case---Testimony of lady doctor, in absence of any other evidence of unimpeachable character, was not sufficient to prove that sexual intercourse was committed with victim girl by accused---Vaginal swabs taken from victim girl were sent to Chemical examiner after a delay of three weeks for which no explanation, much less, plausible, had been furnished by prosecution---Accused though was examined for potency, however, his semen had not been sent to Forensic Science Laboratory for matching with the semen stained swab obtained from victim girl--- Positive Chemical Examiner Report was of no help to prosecution---Supreme Court set aside conviction and sentence awarded to accused and acquitted him of the charge, as prosecution failed to prove guilt through cogent and confidence inspiring evidence---Appeal was allowed.

MUHAMMAD AZAM vs State Ss — 2025 SCMR 810 SUPREME-COURT

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