Case Details

Citation(s)
2025 SLG 2276 2025 SLD 2276 = 2025 YLR 811
Lahore High Court
Criminal Appeal No. 41759 of 2022, decided on 3rd December, 2024.
Before Syed Shahbaz Ali Rizvi and Muhammad Amjad Rafiq, JJ
Manzoor Hussain Dogar for Appellant. Muhammad Waqas Anwar, Deputy Prosecutor General for the State. Complainant in person along with Mst. Shumaila Shahzad, victim.

RIZWAN SAMI KHAN---Appellant

VERSUS

The STATE and others---Respondents

Law: Penal Code (XLV of 1860)

Section: 376,292,500,509

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

Section: 129(g)

(a)    Penal Code (XLV of 1860)-------Ss. 376, 292, 500 & 509---Qanun-e-Shahadat (10 of 1984), Art. 129(g)--Rape, sharing explicit videos and pictures of a rape victim, defamation, insulting modesty or causing sexual harassment---Appreciation of evidence--Withholding natural witnesses---Adverse presumption against prosecution--Accused was charged for committing rape with the wife of the complainant, taking her pictures and making video in naked condition through mobile and also extending threats to upload the pictures and video---According to prosecution's case against appellant he on gun point forcibly raped wife of complainant but during the physical custody of the appellant with the Investigation Agency, no gun could be recovered at his instance---Inmates of the house who were locked in a room on gun point, as per contents of the FIR, were not produced by the prosecution before the Investigation Officer--Similarly, said inmates did not join the proceedings of trial as witnesses--Meaning thereby, the natural witnesses were withheld by the prosecution--Appeal against conviction was allowed, in circumstances.(b)    Penal Code (XLV of 1860)-------Ss. 376, 292, 500 & 509---Rape, sharing explicit videos and pictures of a rape victim, defamation, insulting modesty or causing sexual harassment--Appreciation of evidence---Safe custody of case property not proved---Accused was charged for committing rape with the wife of the complainant; taking her pictures and making video in naked condition through mobile and also extending threats to upload the pictures and video---According to prosecution's case against appellant, he on gun point, forcibly raped wife of complainant but during the physical custody of the appellant with the Investigation Agency, no gun could be recovered at his instance---Though during physical custody of appellant memory card was taken into possession by the Investigation Officer--Fact remained that during the evidence rendered by the Investigation Officer and the recovery witness, the memory card and the nude pictures were not produced in the Court because of which the same could not be exhibited in…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register