| Citation(s) |
|---|
| 2026 SLG 4101 = 2026 SLD 4101 |
Criminal Appeal No. 434 of 2025.
Presented By:( MUHAMMAD JAWAD ZAFAR)JUDGE (SADIQ MAHMUD KHURRAM) JUDGE
Date of hearing: 10.11.2025. Appellant by: Ms. Maha Azam, Advocate. State by: Complainant by: Mr. Naveed Ijaz, Deputy District Public Prosecutor . Mr. Imran Haider, Advocate.
(Sajid Hussain
VS
. The State and another)
Law: Pakistan Penal Code (PPC),1860
Section: 376(1)
Law: Code of Criminal Procedure, 1898
Section: 173, 342, 340(2), 382-B, 544-A, 510
Law: Punjab Forensic Science Agency Act, 2007
Section: 9(3)
Law: Qanun-e-Shahadat Order, 1984
Section: 59, 164
Tagline
Benefit of doubt prevails where prosecution evidence is contradictory, medical evidence is inconsistent, and the DNA chain of custody is not proved.
Summary
The appellant was convicted under Section 376(1), Pakistan Penal Code (PPC) and sentenced to 10 years' rigorous imprisonment, fine, and compensation for rape. The conviction was challenged before the High Court.
The High Court found that the prosecution failed to establish the case beyond reasonable doubt. There were material contradictions regarding the time of occurrence, rescue of the victim, and the statements of the complainant, victim, and eyewitnesses. The victim's medical history initially referred only to an attempted rape, while the medico-legal examination revealed no injuries or signs of violence despite allegations of forcible rape.