Rizwan Sami khan vs State Ss — 2025 YLR 811 LAHORE-HIGH-COURT-LAHORE

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Rizwan Sami khan VS State Ss. 376, 292, 500 & 509---Rape, sharing explicit videos and pictures of a rape victim, defamation, insulting modesty or causing sexual harassment---Appreciation of evidence---Safe custody of case property not proved---Accused was charged for committing rape with the wife of the complainant; taking her pictures and making video in naked condition through mobile and also extending threats to upload the pictures and video---According to prosecution's case against appellant, he on gun point, forcibly raped wife of complainant but during the physical custody of the appellant with the Investigation Agency, no gun could be recovered at his instance---Though during physical custody of appellant memory card was taken into possession by the Investigation Officer---Fact remained that during the evidence rendered by the Investigation Officer and the recovery witness, the memory card and the nude pictures were not produced in the Court because of which the same could not be exhibited in evidence---Similarly, though report of Forensic Science Agency regarding the non-editing of contents available in memory card was available in evidence yet prosecution failed to produce 'Moharrer' of police station who per the Investigation Officer was given the sealed parcel containing memory card and naked photographs for safe custody in 'Malkhana' on 14.07.2020 and the 'Moharrer' returned the same to him on 23.07.2020 for its transmission to Forensic Science Agency---Thus, prosecution failed to prove safe custody of the case property that even otherwise could not be produced in evidence---Appeal against conviction was allowed, in circumstances.

Rizwan Sami khan vs State Ss — 2025 YLR 811 LAHORE-HIGH-COURT-LAHORE

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