SADAQAT ALI KHAN, J. Appellant (Ahmad Fraz) has been tried by learned trial Court in case FIR No.129 dated 14.03.2011 offence under sections 376/ 511, P.P.C. Police Station Qadirpur, District Jhang, and was convicted and sentenced vide judgement dated 19.05.2012 as under:-- Ahmad Fraz (appellant)
Under Sections 376/511 P.P.C. Sentenced to 5-years RI. for attempt to commit Zina with Razia Bibi with fine Rs.50,000/- in default whereof to further undergo simple imprisonment for 6 months.
Benefit of Section 382-B of Cr.P.C. was also extended to the appellant.
2. Heard. Record perused.
3. Unnecessary facts apart, Ghulam Jaffar (complainant/PW-2) on 14.03.2011 got registered FIR stating therein that on 12.03.2011 at about 10:00 a.m., his paternal niece Razia, Bibi (PW-1) was cutting fodder in the field for cattle, appellant (Ahmad Fraz) was also watering his nearby field who finding her niece alone attempted to commit rape with her. Razia Bibi (PW-1) while appearing before learned trial Court also reiterated the same story. There is delay of two days in, lodging of the FIR. In these circumstances, two days unexplained delayed statements of these two witnesses are not free from doubt rather fatal to the prosecution. 2017 SCMR 486 "Muhammad Asif v. The State" Razia Bibi . (victim/PW-1) also did not appear for her medical examination.
4. Ghulam Jaffar (complainant/ PW-2) present in Court also submits that he has no objection on acceptance of this appeal and acquittal of the appellant.
5. In view of the above discussed circumstances, I entertain serious doubt in my mind regarding participation of the appellant in the present case. It is settled principle of law that for giving benefit of doubt, it is not necessary that there should be many circumstances creating doubt. If there is a circumstance which creates reasonable doubt in the prudent mind about the guilt of the accused, then he would be entitled to its benefit not as a matter of grace or concession but as of right.
6. For the foregoing reasons, instant criminal appeal filed by the appellant (Ahmad Fraz) is accepted, his conviction and sentences awarded by learned trial Court through the impugned judgment are hereby set aside. He is acquitted of the charges. Appellant is present on bail his sureties stand discharged.