Doc2

  • October 2019
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The incomplete report u/s 173 Cr.P.C was earlier submitted in the court to the extent of Muhammad Ali and the name of accused Muhammad Ismail alias Shamila was not put in column No.2 in red ink as his arrest was yet to be made. This accused was arrested on 27.10.2017 being nominated in the FIR. He was sent to judicial lockup for the purpose of identification parade. On 31.10.2017 test identification parade was duly conducted in the presence of competent judicial magistrate in which he was identified by the witnesses. After completion of this legal process he was investigated by the I.O. and on his disclosure weapon of offence pistol 30 bore has been recovered on his on pointation. In this regard a separate criminal case No.1228/17 dated 15.11.2017 u/s 13/20/65 AO has been registered in P.S. Raiwind City. As the accused has been fugitive from the law, the I.O. obtained his warrants of arrest and proclamation from competent court. Against this accused sufficient reliable, admissible and relevant evidence is available. Warrants and proclamations are available to prove that he remained absconder for a reasonable time. The test identification parade is also a piece of strong evidence of corroborative nature. The seizure memo of pistol 30 bore got recovered by the accused on his pointation also a reliable piece of corroborative evidence. Statement of witnesses of process of recovery of pistol are also available on the record. The case against this accused is, prima facie, that of conviction. The prosecution in this case is in the public interest. Therefore, the supplementary report u/s 173 Cr.P.C. forward to court and court is requested to annex this supplementary report alongwith incompete report u/s 173 Cr.P.C. already submitted in the court.

This case was registered on the written application of Muhammad Ashiq complainant. The accused Muhammad Waryam alias Riaz abducted his daughter Abida Parveen and kept her some where in Mian Chanoo. After the recovery of abductee was examined by the medical officer and got recorded her statements u/s 161 & 164 Cr.P.C. wherein she alleged that commission of rape by Waryam accused. Documentary evidence in the shape of complaint, FIR, Site plan, MLC, attested copy of statement u/s 164 Cr.P.C. Report of PFSA are available on the record. All the evidence is reliable admissible and relevant. The complaint of the complainant has been corroborated by the other witnesses through statements u/s 161 Cr.P.C. Site plan of the place of abduction and site plan of the place of commission of rape explains the place of occurrence of offence. Medico legal certificate issued by the women medical officer confirms the commission of rape as the medical officer has reported that the hymen of the victim was ruptured. The PFSA report regarding forensic DNA and serology also available. As no seminal material was identified on the virginal swabs taken from the body of Abida Parveen victim, therefore, no further DNA was conducted. In this case section 380 PPC was also added in the light of the statements of the witnesses that the accused also stole some cash amount, ornaments and one mobile. The I.O. made no effort to recover the same. However, statements of the witnesses are available on the record. Therefore, the above said section is attracted in this case but the I.O. did not incorporate this offence in the report u/s 173 Cr.P.C. However, I recommend the trial of this case under this section also. The wife of main accused Riaz namely Shazia and daughter-in-law namely Laiba has been nominated in the statement of witnesses but their name have been mentioned in the column No.2 report u/s 173 Cr.P.C. The court may summon them for trial. Sufficient evidence is available in the case against the accused and it is in the public interest to prosecute the accused as, prima facie, it is a case of conviction.

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