Haris Ali vs Muhammad Shabbir Ss — 2026 PCrLJ 526 LAHORE-HIGH-COURT-LAHORE

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Haris Ali VS Muhammad Shabbir Ss. 367-a, 376(iii) & 377-B---Juvenile Justice System act (XXII of 2018), S. 9---anti-Rape (Investigation and Trial) act (XXX of 2021), Sched. II---Rape, unnatural offence---appreciation of evidence---Juvenile offender---Contradictions in the statement of police witnesses---accused was charged that he committed rape with the minor daughter of the complainant---as per statement of Lady Constable, sealed samples of clothes and swabs of the victim were handed over to her by the Woman Medical Officer, which she handed over to Investigating Officer of the case on the same day who took the same into possession through recovery memo. but Woman Medical Officer in her statement nowhere stated that she ever handed over any clothes or swabs to Lady Constable---Thus, it appeared from the said deposition of Woman Medical Officer that she did not hand over any sealed parcel to Lady Constable---However, Investigating Officer of the case in his examination-in-chief deposed that on 14.01.2023 after medical examination of the victim, Lady Constable handed over to him two sealed parcels said to contain swabs and clothes of the victim which he took into possession vide recovery memo. and handed over the same to the Moharrar Malkhana on the same day i.e. 14.01.2023---If the said sealed parcels were taken into possession by Investigating Officer of the case on 14.01.2023 through recovery memo. whereas the appellant was arrested on the same day, then he was under obligation to transmit the said samples to the Office of Forensic Science agency intact without any lapse of time on the same day i.e. 14.01.2023 but he after collecting the sealed parcels from Muharrar of the Malkhana on 16.01.2023, after two days of the occurrence, proceeded to the Office of Forensic Science agency along with victim, her father as well as the accused/appellant for DNa analysis---after going through the said statements of the witnesses, it was established on record that the sealed parcels containing swabs and clothes of the victim were sent to the office of the Forensic Science agency after arrest of the appellant, which fact created dent in the prosecution case---appeal against conviction was allowed, in circumstances.

Haris Ali vs Muhammad Shabbir Ss — 2026 PCrLJ 526 LAHORE-HIGH-COURT-LAHORE

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