| Case ID |
0be59f15-9931-4a1f-8c5b-837b459af1be |
| Body |
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| Case Number |
Criminal Appeal No. 887 of 2010 |
| Decision Date |
Jun 12, 2012 |
| Hearing Date |
Jun 12, 2012 |
| Decision |
The Lahore High Court accepted the appeal filed by GHULAM MOHAYUDDIN alias BAOO against the conviction and sentence passed by the lower court under section 376 of the Penal Code. The appellate court found reasonable doubts regarding the prosecution's evidence, particularly questioning the credibility of the sole witness and the circumstances of the alleged incident. Consequently, the conviction and the 10-year rigorous imprisonment sentence were set aside, and the appellant was ordered to be released unless required for detention in another case. |
| Summary |
In the landmark case of GHULAM MOHAYUDDIN alias BAOO versus THE STATE and others, the Lahore High Court deliberated on Criminal Appeal No. 887 of 2010, adjudicated on June 12, 2012. The appellant challenged his conviction under Section 376 of the Penal Code (XLV of 1860), which pertains to rape. The core of the appeal centered around the credibility of the sole witness, Mst. Naila, and the circumstances under which her statement was obtained. The defense highlighted inconsistencies in the victim's testimony, her dubious character, and the lack of corroborative evidence, including the absence of reliable eyewitnesses in a densely populated area at the time of the alleged offense. Additionally, the appellant pointed out procedural lapses and potential coercion in the victim's statement. The prosecution, represented by Mian Muhammad Awais Mazhar, countered by emphasizing the medical evidence supporting the victim's claims and the improbability of the incident occurring in broad daylight in a populated area. Despite the prosecution's reliance on Section 376, the appellate court found substantial reasonable doubt in the prosecution's case, particularly questioning the victim's reliability and the insufficiency of evidence to support a conviction. Citing precedent from 2011 SCMR 1665, the court underscored the necessity for incontrovertible evidence in rape cases, especially when relying solely on the victim's testimony. Consequently, the court overturned the lower court's judgment, acquitting the appellant of the charges and ordering his release. This decision underscores the judiciary's commitment to ensuring fair trial standards and the imperative of robust evidence in criminal convictions, particularly in sensitive cases involving allegations of sexual misconduct. |
| Court |
Lahore High Court
|
| Entities Involved |
Muhammad Saeed,
Liaqat Ali,
Sarfraz,
F.I.R. No. 334 of 2008,
Police Station Saddar Faisalabad,
Feroze Din,
Mst. Naila,
Anwar-ul-Haq P.W.
|
| Judges |
RAUF AHMAD SHEIKH, J
|
| Lawyers |
Rai Muhammad Hussain Kharal,
Mian Muhammad Awais Mazhar, D.P.G.
|
| Petitioners |
GHULAM MOHAYUDDIN alias BAOO
|
| Respondents |
THE STATE and others
|
| Citations |
2012 SLD 2296,
2012 PCRLJ 1903
|
| Other Citations |
2011 SCMR 1665
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
S. 376,
S. 34
|