Citation Name: 2025 YLR 1341 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Haroon vs State S — 2025 YLR 1341 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 1341 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 1341 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Haroon vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 164; S. 497; Penal Code (XLV of 1860); Criminal Procedure Code

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 1341 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Haroon VS State S. 497---Penal Code (XLV of 1860), Ss. 496-A, 375-A, 506(1) & 355---Gang rape, criminal intimidation---Bail, refusal of---Principal accused---Sufficient incriminating material, availability of ---No doubt FIR was delayed by one year and 20 days, but the victim had clarified in her statement under S.164 of the Criminal Procedure Code , 1898, that due to severe fear induced by the petitioner /accused, she shifted from Mirpurkhas to the Province of Punjab, thereby explaining the delay---In her statement, the victim had fully implicated the petitioner / accused for commission of offences --- In rape cases, the victim's statement is sufficient to connect the accused with the offence as it is primary piece of evidence, which serves as a first-hand account of the event from the prospects of the victim ---No mala fide on the part of the complainant or victim to implicate the petitioner falsely in the present case, had been pointed out---Although the victim was unmarried, yet according to her medical report the hymen of the victim was absent---Regarding absence of marks of violence on the private part of the victim required deeper appreciation of evidence which was not warranted at bail stage --- Forensic examination of recovered cell phone containing the photograph and the videos of the victim showed that no editing was found in the video ---SIM of the recovered mobile phone was though not registered in the name of petitioner / accused but was in the name of his (petitioner's) son---Punishment for the alleged offence included death, life imprisonment, or imprisonment for life, along with a fine, thus, it fell within the prohibitory clause of S.497 Cr.P.C---Bail application, was dismissed, in circumstances.

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