Criminal Acquittal Appeal No.101 of 2021 and Criminal Acquittal Appeal No. 102 of 2021 were filed before the Honourable High Court of Sindh, at Karachi, and they arise out of common Judgment dated: 16.01.2021 passed by the Learned Additional Sessions Judge-I, Karachi (West) (Model Criminal Trial Court), in Session Case No. 1288 of 2014 [‘The State Versus Nishoo & Another’], in relation to FIR No. 26 of 2011 u/s 302, 376, 34, P.P.C., 1860 (P.S. Piyaro Lundo), and in Session Case No. 1289 of 2014, in relation to FIR No. 48 of 2011, u/s 201 and 297, PPC., 1860, whereby the accused nominated in the above FIRs of the aforesaid offences were acquitted.
The Appellant in the above Appeals is the Complainant in FIR No. 26 of 2011 and FIR No. 48 of 2011 [P.S. Piyaro Lundo] and is the mother of the minor Shrimati Dhani [‘Victim’], who was 13/14 years old at the time of the incident of rape and murder. The accused involved in the offences under Section 302 and 376, P.P.C, 1860, are Nishoo and Ramjee, whereas the accused involved in the offences u/s 201 and 297 P.P.C., 1860 are Nishoo, Ramjee, Dhano, Akhtar and Imtiaz. On 07.04.2011, the Victim left her house, situated at the land of Maqsood Qaimkhani, adjacent to Village Ghulam Hussain Lund, Deh, Sheikh Moosa, Sultanabad, District Tando Allahyar, to pluck ladyfingers from the field situated at the distance of five acres. She returned around 8:00 am and informed the Appellant that while on her way to pluck ladyfingers, she had been forcefully raped and thereafter administered poison by Nishoo and Ramjee in the field of Banana Crops. The Victim, after having narrated the abovementioned incident to the Appellant, became unconscious and hence was transported to the hospital, where she was pronounced dead. She was subsequently buried by the family. During the course of the investigation, the grave of the Victim was exhumed. However, the body of the Victim was found missing from her grave. Therefore, Nishoo, Ramjee, Dhano, Akhtar and Imtiaz were nominated for the offences u/s 201 and 297 P.P.C., 1860 for removal of the dead body.
However, the above accused were acquitted of the above offences for lack of evidence through common Judgment dated: 16.01.2021 passed by the Learned Additional Sessions Judge-I, Karachi (West) (Model Criminal Trial Court), and the above Judgment was upheld by the Honourable High Court, through Judgment dated: 10.01.2022 and the above Criminal Acquittal Appeal No.101 of 2021 and Criminal Acquittal Appeal No. 102 of 2021 were dismissed.
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