| Citation(s) |
|---|
| 2025 SLG 3910 2025 SLD 3910 = 2025 SHC 1385 |
Sindh High Court
Criminal Appeal No.459 of 2018 Confirmation Case No.07 of 2018
Mr.Justice Mohammad Karim Khan Agha , Mr.Justice Zulfiqar Ali Sangi
Through Mr.Salahuddin Khan Gandapur Advocate
Criminal Appeal No.459 of 2018 Confirmation Case No.07 of 2018
Mr.Justice Mohammad Karim Khan Agha , Mr.Justice Zulfiqar Ali Sangi
Through Mr.Salahuddin Khan Gandapur Advocate
Appellant:Gulzar Shah
VS
The State
Law: Pakistan Penal Code (PPC),1860
Section: 376,302(b)
Law: Criminal Procedure Code (V of 1898)
Section: 410,374, 342,544-A
Summary:The appellant, Gulzar Shah, was convicted and sentenced to death under Section 376 of the Pakistan Penal Code (PPC) for allegedly raping a minor girl aged 10-11 years. The prosecution's case relied on victim and medical evidence. However, the Sindh High Court found major inconsistencies and gaps in the evidence including delays in FIR lodging, contradictions in victim and witness testimonies, absence of eye witnesses, lack of forensic evidence linking the accused, and doubts about the exact location of the crime. Applying the principle of benefit of doubt, the Court acquitted the appellant, setting aside the conviction and death sentence.Core Points:The victim was a minor girl (10-11 years old) allegedly raped by Gulzar Shah.FIR lodged two days after the incident, with delay explained by victim's medical treatment.Victim's in-court testimony contradicted her earlier statement identifying the accused.No eyewitnesses were present, and the mother's testimony was inconsistent.No blood or…