Law: Penal Code (XLV of 1860)

Section: 364-A,365-B,376(2),452,148,149

Law: Qanun-e-Shahadat (10 of 1984)

Section: 3,17

(a) Penal Code (XLV of 1860)--- ----Ss. 364-A, 365-B, 376(2), 452, 148 & 149--- Kidnapping, Kidnapping, abducting or inducing woman to compel for marriage, rape, house-trespass after preparation for hurt, assault or wrongful restraint, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Delay of four days in lodging FIR---Accused were charged for kidnapping the prosecutrix/ victim along with her minor daughter and raping her---Motive behind the occurrence as alleged in the crime report was that a relative of complainant side had abducted a lady of accused side and in order to take revenge of her abduction, accused persons had committed the occurrence---According to prosecution story crime was reported to police with an extraordinary delay of four days for which no plausible explanation could be furnished---Admittedly, the inter-se distance between the place of occurrence and police station was only 08-km---Extraordinary delay in reporting the alleged occurrence to police clearly suggested that possibility of deliberation, consultation and concoction could not be ruled out---When there was delay in reporting the incident to the police then prosecution was under obligation to explain such delay and failure to do that would badly reflect upon the credibility of prosecution version---Circumstances established that the prosecution had absolutely failed to prove its case against the accused persons beyond shadow of reasonable doubt---Appeal against conviction was allowed accordingly. The State through P.G. Sindh and others v. Ahmed Omar Sheikh and others 2021 SCMR 873; Khair Muhammad and another v. The State through P.G. Punjab and another 2021 SCMR 130 and Mst. Asia Bibi v. The State and others PLD 2019 SC 64 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 364-A, 365-B, 376(2), 452, 148 & 149---Kidnapping, Kidnapping, abducting or inducing woman to compel for marriage, rape, house-trespass after preparation for hurt, assault or wrongful restraint, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Benefit of doubt---Ocular account---Accused were charged for kidnapping the daughter of the…

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