Muhammad Arif vs State Ss — 2026 PCrLJ 875 LAHORE-HIGH-COURT-LAHORE

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Muhammad Arif VS State Ss. 302(b), 376 & 338-C---Qatl-i-amd, rape, isqat-i-janin---Appreciation of evidence---Allegation of rape not proved---Accused was charged for committing murder of the niece of complainant by cutting her throat with sharp-edged weapon---Occurrence allegedly took place on 30-06-2019 at Asar prayer time and as per statement of complainant, dead body of deceased was found in the sugarcane crop on the next morning i.e. 01-07-2019 at about 06:30 a.m.---Initially, it was not the case of prosecution that appellant, who was fiancée of deceased used to commit rape with her (deceased) since 03/04 months, subsequently, complainant got recorded his supplementary statement wherein he stated that witnesses of last seen evidence had narrated the said facts to him---Complainant further stated in his examination-in-chief that on the day of occurrence, appellant committed rape with the deceased---One of the witnesses of last seen evidence was brother-in-law of deceased and as per his evidence, he had knowledge that the appellant used to commit rape with deceased since 3/4 months of the occurrence---Although, complainant had disclosed in his evidence that the appellant was fiancée of deceased but in rural areas, a girl was not allowed to accompany her fiancée before her marriage and it was more difficult to go inside the sugarcane crop along with him---Even otherwise, said fact did not appeal to aprudent mind that a brother-in-law, who had already knowledge that the appellant used to commit rape with his sister-in-law (deceased) then why he had allowed the deceased to accompany the appellant to go in a sugarcane crop---Moreover, one of the witnesses of last seen evidence during his cross-examination stated that he himself never saw the appellant while committing rape with deceased---According to the statement of said witness, the appellant used to commit rape with deceased for last 03/04 months but such stance of the prosecution was not supported from any substantial evidence because no report during that period was made by the complainant or any of the family members of deceased; even no complaint was made to police in that regard by deceased herself---Whereas, other witness during his Court statement had not uttered even a single word about the commission of rape with deceased by the appellant---Testimony of said witnesses revealed that the prosecution had subsequently cooked up false story in order to make the prosecution story in line with the medical evidence---Appeal against conviction was allowed, in circumstances.

Muhammad Arif vs State Ss — 2026 PCrLJ 875 LAHORE-HIGH-COURT-LAHORE

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