115/2015 Cr.J.A Vijay Kumar & Other (Appellant) V/S The State (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Irshad Ali Shah(Author)
115/2015 Cr.J.A Vijay Kumar & Other (Appellant) V/S The State (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Irshad Ali Shah(Author) Order Date: 24-NOV-20
When the cause of death was found to be the incident on account of neurogenic shock of injuries No.1 and 2 i.e. wounds sloughing of flesh form right leg from thigh (mid) to ankle and abrasion on the left anterolateral side of Anus, it was inevitable for the prosecution to have obtained the sperm report of the sample found on the body and of the accused. It cannot be confidently said that the victim Vishal was subjected to humiliation of sodomy by the accused Vijay Kumar and Abbas Mallah since no such report of sperm test is available. --Even the alleged motive of ransom is not confidence inspiring as the Complainants family was a poor one. --There is no eye witness at all and even the story of the prosecution is not confidence inspiring as the boy who was allegedly abducted belongs to a poor class and it does not inspire confidence that somebody could abduct a child who belongs to a family from whom there are remote chances of any financial benefit.