Citation Name: 2025 YLR 1223 KARACHI-HIGH-COURT-SINDHBookmark this Case Habibullah vs State S — 2025 YLR 1223 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 1223 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 1223 KARACHI-HIGH-COURT-SINDHBookmark this Case Habibullah vs State S
Subject matter: Criminal
Provisions referred to: S. 497; Penal Code (XLV of 1860)

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 YLR 1223 KARACHI-HIGH-COURT-SINDHBookmark this Case Habibullah VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 375-A, 377 & 34---Gang rape, sodomy, common intention---Post-arrest bail , grant of---Further inquiry --- Dubious role of prosecution witnesses---Allegation against the applicant was that he, along with another accused , forcibly took away the complainant's son (victim) on the force of pistol ,and the victim later disclosed to the prosecution witnesses about the act of sodomy committed with him by both accused---Pertinently, though both prosecution witnesses were present at the scene, yet they did not attempt to restrain the accused--- Subsequently, the applicant / accused left the victim near a bank---Surprisingly, both prosecution witnesses were actively searching for the victim at the same location and did not set the criminal law into motion---Further , as per the narrative of said witnesses , applicant/accused dropped the victim from their motorcycle and managed to escape easily--Said scenario raised questions as to why both prosecution witnesses did not prevent the applicant / accused from escaping once again---Continuous presence of said witnesses during all such period at the same place when the applicant / accused was being taken away and left suggested further inquiry into guilt of accused--- Bail was granted to accused, in circumstances.

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