Law: Pakistan Penal Code (PPC),1860

Section: 302(b), 376, 338-C(c)

Law: Code of Criminal Procedure, 1898

Section: 161, 510, 382-B

SUMMARY

The High Court allowed the criminal appeal and acquitted Muhammad Arif by extending him the benefit of doubt, while dismissing the complainant’s criminal revision for enhancement of sentence and compensation. The Court held that the prosecution case was entirely based on circumstantial evidence, which failed to form a complete, continuous, and unbroken chain linking the appellant with the alleged offences. The “last seen” evidence was found unreliable due to material contradictions, unexplained delays, and non-mentioning of witnesses in the FIR, rendering it an afterthought. Allegations of rape were held to be subsequently introduced, unsupported by medical evidence, and inconsistent with witness testimony.

The DNA evidence, though ordinarily corroborative, was discarded due to failure of the prosecution to prove safe custody and lawful transmission of samples to the Punjab Forensic Science Agency, thereby breaking the chain of custody. Medical evidence, while confirming injuries, was held insufficient to connect the appellant with the crime in the absence of credible ocular or circumstantial evidence. The recovery of the alleged weapon of offence was also disbelieved due to serious contradictions regarding its timing, custody, and forensic linkage.