Lahore High Court has overturned the conviction of a man in a violence case that cites major loopholes in the prosecution, including delayed reporting, contradictions in statements and lack of forensic confirmation.
Justice Abher Yellow Khan acquitted, while giving the benefit of doubt, the accused Amanullah, who handed over life prison by a court in Gujrat. The court noted that the alleged incident took place on October 4, 2016, but FIR was filed ten days later without any explanation.
The complainant also made conflicting statements and first claimed that the defendants threatened to release a video, but later refused to have made such a claim.
The medical examination was conducted 11 days after the incident and showed no signs of violence. Forensic samples from Punjab Forensic Science Agency also found no semen and excluded sexual intercourse.
In addition, a CD that was produced during the trial, no video, while photographs presented as evidence did not show the defendant. Even the victim’s alleged cracked clothing was never presented.
Previously, a further sessions who were a judge in Gujrat had sentenced the defendant on the basis of a four, registered by Jalalpur Jattan City police station in accordance with section 376-i ppc, who awarded life prison, an RS50,000 fine and RS300,000 compensation.
With reference to the Supreme Court’s precedents, LHC found that beliefs cannot stand without “indispensable evidence” and that even a single reasonable doubt must be of the benefit of the defendant.
The end of the prosecution unable to prove the crime, the court dismissed the conviction and acquitted Amanullah. When the appellant was already in bail, his bail was discharged.
