| Case ID |
252f21f9-08e1-4813-a045-2b0141f3dc48 |
| Body |
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| Case Number |
Criminal Appeal No. 478 of 2012 |
| Decision Date |
Sep 08, 2021 |
| Hearing Date |
Sep 08, 2021 |
| Decision |
The High Court allowed the appeal of Irfan alias Imran alias Kadu, acquitting him of the charges under section 376 of the Penal Code. The court found that the prosecution failed to prove its case beyond a reasonable doubt, citing inconsistencies in witness statements and the absence of supporting medical evidence. The DNA analysis indicated that the sperm found on the victim did not match the accused, leading the court to conclude that while the victim was assaulted, the accused was not the perpetrator. The decision underscored the principle that an accused should be acquitted if there is any reasonable doubt regarding their guilt. |
| Summary |
In the case of Criminal Appeal No. 478 of 2012, the High Court reviewed the conviction of Irfan alias Imran alias Kadu for rape under section 376 of the Penal Code. The appeal was heard on September 8, 2021, and the judgment was delivered by Justice Ali Zia Bajwa. The appellant was accused of raping his mentally retarded daughter, with the prosecution relying on witness testimonies and medical evidence. However, significant discrepancies in witness accounts and a crucial DNA report that excluded the appellant as the source of sperm found on the victim led to the conclusion that the prosecution had not met its burden of proof. The court emphasized the importance of the benefit of the doubt in criminal law, reinforcing that even a single reasonable doubt should result in acquittal. This case highlights the critical role of reliable evidence in the judicial process and the need for meticulous investigation in serious crimes such as sexual assault. The ruling serves as a reminder of the legal maxim that it is better to let a guilty person go free than to convict an innocent one. This case is significant not only for its legal precedents but also for its implications on the handling of sensitive cases involving vulnerable victims. |
| Court |
High Court
|
| Entities Involved |
Khanewal District,
Police Station Saddar Kabirwala
|
| Judges |
ALI ZIA BAJWA, J
|
| Lawyers |
Ghulam Farid Gurmani,
Ansar Yasin
|
| Petitioners |
IRFAN alias IMRAN alias KADU
|
| Respondents |
The STATE
|
| Citations |
2022 SLD 3201,
2022 PCRLJ 1268
|
| Other Citations |
PLD 2021 SC 362,
PLD 2021 SC 600,
AIR 1988 SC 1998
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
376
|