Law: Penal Code (XLV of 1860)

Section: 337B,506B,34

Law: Code of Criminal Procedure, 1898

Section: 161,164,342

(a) Penal Code (XLV of 1860)-------Ss. 377-B, 506-B & 34---Sexual abuse, criminal intimidation, common intention---Appreciation of evidence---Delay of 23 days in lodging FIR--Accused was charged that he along with his co-accused persons committed sodomy with the brother of the complainant at gun point and threatened him that if he disclosed such fact to anyone, they would kill him---From perusal of the record, it appeared that the alleged incident took place on 30.04.2022, whereas the FIR was lodged on 23.05.2022, after a delay of 23 days---Delay in lodging of the FIR assumed great significance as the same could be attributed to consultation, taking instructions and calculatedly preparing the report keeping the names of the accused open for roping in such persons whom ultimately the prosecution might wish to implicate---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was accordingly allowed.Muhammad Asif v. The State 2022 YLR Note 121; Muhammad Ismail v. The State 1991 MLD 577; Muneeruddin v. The State PLD 1982 Kar. 240; MuhammadAmir v. The State 2018 YLR 2592; Muhammad Nawaz alias Nazoo v. The State 1988 PCr.LJ 1986; Ali Sher v. The State 2018 YLR 56; Saeedullah v. Asfandiyar and another 2017 PCr.LJ Note 5; Atif Ali v. The State 2015 MLD 624; Shahid and 3 others v. The State 2002 MLD 624; Ejaz ul Haq v. The State and another 2013 YLR 2563; Muhammad Khan v. The State 2020 PCr.LJ Note 10; Saghir Ahmed v. The State and others 2023 SCMR 241; Sabir Hussain and another v. The State 2011 PCr.LJ. 1672; Shahid and 3 others v. The State 2002 YLR 2908; Zahid v. The State 2022 SCMR 50; The State /ANF v. Muhammad Arshad 2017 SCMR 283 and Zahid and another v. The State 2020 SCMR 590 ref.Mehmood Ahmed and others v. The State and another 1995 SCMR 127 rel.(b) Penal Code (XLV of 1860)-------Ss. 377-B, 506-B & 34---Sexual abuse, criminal intimidation, common intention---Appreciation of evidence---Delay of 04 days in recording the statements of witnesses after lodging the FIR---Accused was charged that he along with his co-accused persons committed sodomy with the…