MAQSOOD ALI vs State — 2026 SCMR 393 SUPREME-COURT

Case information

Citation: 2026 SCMR 393 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: MAQSOOD ALI vs State
Subject matter: Criminal
Provisions referred to: Pakistan Penal 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

MAQSOOD ALI VS State. Sections 365-B & 376, Pakistan Penal Code, 1860---Forcible abduction, rape---Reappraisal of evidence---Infirmities in prosecution case---Benefit of doubt---Scope. Accused-petitioner was charged for abduction and committing rape with daughter of complainant. Prosecution alleged that petitioner had abducted the victim and subjected her to sexual intercourse. Record showed that no Call Data Record of mobile phone of petitioner, alleged victim or her brother was produced before Trial Court. Likewise, no proof regarding ownership of any mobile phone SIM in the name of petitioner or victim was brought on record to corroborate the assertion of victim that she remained in contact with petitioner for about four to five months prior to occurrence. Complainant himself mentioned in FIR that either his daughter had been abducted by some unknown accused on the pretext of marriage or victim had left her house with her paramour with her own free consent. Such contents of FIR created serious doubt regarding prosecution version. Prosecution failed to produce independent and convincing evidence to establish forcible abduction and commission of rape by petitioner. Circumstances established that prosecution had failed to prove charge against petitioner beyond reasonable doubt. Petition was converted into appeal and was allowed in circumstances. Petitioner was acquitted of all charges.

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