SHC sets aside life term of two in kidnap, rape case

Published
0

KARACHI: The Sindh High Court has set aside the life imprisonment of two men in a kidnapping and rape case.

A sessions court had sentenced Khuda Bux and Abdul Khaliq to life in prison in February 2020 for abducting a 16-year-old girl in a Malir locality in July 2018.

The trial court had also sentenced Khuda Bux to 10-year term for raping the captive.

The convicts, through their lawyers, filed an appeal against their conviction before the SHC and after hearing arguments and examining the record and proceedings, a single-judge bench headed by Justice Irshad Ali Shah allowed the appeals and exonerated both the appellants.

The bench in its order observed that the FIR was lodged with a delay of one day and no plausible explanation was offered in this regard. None has been examined by the police to prove the abduction of the victim from the place of incident, which as per investigating officer was busy spot, it noted.

It further said, “As per the documents produced by the female MLO, who had examined the victim, no rape has been committed with the victim in the present case as another case of rape of victim was lodged at Bahawalpur district.”

“In that context, it is contended by counsel for the appellants that the complainant party was in habit to lodge false FIRs against innocent persons to extort money from them while no DNA report was produced,” the bench added.

It said that the investigating officer had admitted that call data record (CDR) report did not prove the presence of the appellants at the place of incident and the basis of same evidence the third accused was acquitted by the trial court.

“In these circumstances, it would be safe to conclude that the prosecution has not been able to prove its case against the appellants too beyond shadow of doubt and to such benefit they are also found entitled,” the court ruled.

According to the prosecution, the girl left her house for tuition centre, but did not return and her father lodged a case at Malir City police station. Later, she was recovered and appellant Khuda Bux was taken into custody and victim said that the accused persons had abducted her and one of them had raped her, it added.

Published in Dawn, December 18th, 2022

Opinion

Editorial

Fixing bond markets
Updated 01 Oct, 2026

Fixing bond markets

Pension funds, insurance companies, mutual funds, retail investors, and eventually, foreign investors must become bigger participants in the market.
Call centre rackets
01 Oct, 2026

Call centre rackets

A NUMBER of recent raids conducted by the authorities in different cities point to the growing threat fraudulent ...
Homeward bound
01 Oct, 2026

Homeward bound

FIVE months after Somali pirates captured an oil tanker carrying a 19-member multinational crew, Somali maritime...
Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...