ASLAM MASIH vs State Ss — 2026 PLD 204 KARACHI-HIGH-COURT-SINDH

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ASLAM MASIH VS State Ss. 376, 511 & 337-a---attempted rape, causing shajjah---appreciation of evidence---appeal against acquittal---Specific plea taken by accused---Scope---Prosecution case was that the accused/respondent attempted to commit rape with the minor daughter of the complainant---alibi plea taken by respondent/accused through a defence witness was a week piece of evidence, especially under the circumstances where respondent/accused himself had not made any statement on oath---allegation of respondent/accused against the Christian community, which was numerically larger in number in the locality, was not supported by any proof---Inhabitants of the locality belonged to the lowest income group---Christian community of the said area was neither financially strong, nor socially influential, or politically powerful---In fact, in that particular case, the victim was a daughter of a poor sweeper, who, in terms of social status was among the weakest and the lowest---Person in such a position would not have the ability to influence the population of the area to target anyone, particularly someone from their own locality---Specially, when the alleged animosity was against a person of Muslim faith, the cultural/social dynamics in our country would always place the Muslim community in a position of stronger strength over any minority group in any given locality---Despite the accused alleging discrimination upon him by the Christian community, no evidence of any prior religious clashes involving the community had been submitted to substantiate that claim---Trial Court, without considering social stigmas of our society, acted in an arbitrary and mechanical manner and placed undue reliance on the accused's plea in his statement, which amounted to a misreading or even non-reading of the evidence before it---Therefore, the acquittal order lacked merit and did not stand under the law---In such circumstances, Criminal acquittal appeal was allowed by setting aside the impugned judgment---Consequently, the respondent/accused was convicted under S.265-H(2), Cr.P.C., for an offence punishable under S.377-B, P.P.C., and sentenced to suffer R.I. for fourteen (14) years with a fine of Rs. one million only. Citation Name: 2026 PLD 204 KARACHI-HIGH-COURT-SINDHBookmark this Case ASLAM MASIH VS State Ss. 376, 511 & 337-a---Criminal Procedure Code (V of 1898), S.417---attempted rape, causing shajjah---appreciation of evidence---appeal against acquittal---Solitary statement of victim supported by medical evidence---Prosecution case was that the accused/respondent attempted to commit rape with the minor daughter of the complainant---Solitary statement of the victim alleged that she went to tuition centre and brother of teacher/respondent/accused took her in room where he removed her shalwar (trouser) and committed bad activities with her---Victim rushed to her mother and accused/respondent came in the street---People of locality apprehended accused and maltreated him, which sufficiently established the incident did take place with her---Such piece of evidence was completely over looked by the Trial Court despite the evidence being un-shattered and fully corroborated, which was sufficient piece of evidence for conviction---Solitary evidence of the victim minor girl was to some extent supported with the medical evidence---Medico-Legal Officer had narrated res gestae statement of the victim baby girl that she stated before her that she had gone to tuition where a guy/accused-respondent asked her to go in a room which was unlocked and started touching her private parts and asked her to keep silent; pushed her mouth shut and fingered her private (vaginal) area---Said witness had also noted nail scratch marks on both forearms of the victim---Victim's res gestae statement had also been narrated by her mother that victim informed her that accused took her into the room and after removing her trouser, he touched with his finger her vagina---Trial Court, however, by giving undue weight to the statement of respondent/accused, claiming his innocence and false implication on the basis of discrimination being a Muslim living in a Christian neighborhood, had ignored said piece of evidence---Trial Court discarded the evidence of said witnesses, which firmly indicated that the case pertained to an offence of 'sexual abuse' as defined under S.377-a, P.P.C., which carried under S.377-B, P.P.C., the punishment with imprisonment for a term not less than fourteen years and might extend up to twenty years with fine which shall be less than one million rupees---In fact, the trial Court confused the offences, treating that case as one of rape, whereas in reality, the entire case based on evidence was of sexual abuse---Said facts led to a judgment that was focused on an offence of rape, requiring DNa report, which was neither committed, nor ever alleged by the complainant side---as a result, the impugned judgment was found perverse, arbitrary, stemming from complete misreading of the prosecution's evidence and lead the case in an entirely wrong direction---In such circumstances, Criminal acquittal appeal was allowed by setting aside the impugned judgment---Consequently, the respondent/accused was convicted under S.265-H(2), Cr.P.C., for an offence punishable under S.377-B, P.P.C., and sentenced to suffer R.I. for fourteen (14) years with a fine of Rs. one million only.

ASLAM MASIH vs State Ss — 2026 PLD 204 KARACHI-HIGH-COURT-SINDH

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