Irshad Ali vs State Ss — 2026 YLR 822 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 YLR 822 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: YLR
Parties: Irshad Ali vs State Ss
Subject matter: Criminal

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

Irshad Ali VS State Ss. 302(b), 376 & 511---Qatl-i-amd, rape, attempted rape---Appreciation of evidence---Defective investigation---Accused was charged for committing murder of the sister of complainant after raping her---Prime duty of the Investigating Agency was to collect all possible evidence, including scientific and technical assistance, in order to determine the guilt or innocence of the accused---In the present case, the Investigation suffered from glaring lapses---Despite the availability of forensic means, no effort was made to preserve or examine fingerprints from the dead body or the surrounding area, nor was any forensic opinion sought in that regard---Rule 25.14 of the Police Rules, 1934, clearly mandated that the Investigating Officer were expected to take steps to secure expert technical assistance, wherever relevant---Moreover, the prosecution failed to examine marginal but material witnesses, those included the females of the locality, who, according to the complainant, had informed him about the alleged teasing behavior of the accused towards the deceased---Similarly, the owner of the land where the dead body was found was not examined, even the person who allegedly produced the mobile phones of the deceased and the accused was not cited as witness---Omission to examine such witnesses raised serious doubts about the trustworthiness of the prosecution case---Appeal against conviction was allowed, in circumstances.

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