Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 265-K---Penal Code (XLV of 1860), Ss. 376/344---Rape, wrongful confinement for ten or more days---Quashing of proceedings---Accused was alleged to have repeatedly committed rape with his domestic servants (victims) over a period of nine months and also allegedly kept the victims illegally confined in his house---Application of accused under S.265-K, Cr.P.C had been dismissed by Trial Court---Contentions of the accused were that he was residing in his house with his family members, therefore, it was impossible for him to commit rape; that victims had never raised cries or complaint to any of the family members of the accused; that there was a delay of about 9 months in lodging of F.I.R., and that allegation was levelled without any corroborative evidence including medical evidence---Validity---F.I.R. was delayed by about 9 months, during which period victims had never complained to any family member of the accused or some one else, despite residing with the family of the accused---Medical Officer had opined in the medical certificate that action of rape was excluded---Victims had filed their no objection statements and affidavits, in which they stated that they would not object if accused was acquitted under S.265-K, Cr.P.C---Revision application was allowed, order of Trial Court was set aside and accused was acquitted by quashing proceedings of the Trial Court. (b) Penal Code (XLV of 1860)--- ----S. 376---Rape---Proof---Offence of rape cannot be proved without corroboration of medical evidence. ORDER RIAZAT ALI SAHAR, J.---Through this Criminal Revision Application, applicant Abdul Waheed son of Abdullah Khan has challenged the order dated 25-2-2010 passed by learned Sessions Judge, Umerkot, whereby he dismissed the application under section 265-K, Cr.P.C. of the applicant. Allegations against the applicant/ accused are that Mst. Dai, her husband Muhammad Hassan and her younger sister Miss Mirzadi aged about 13 years working as haries under the control of applicant who is a zamindar of his land in deh Hanifabad, Taluka Samaro. About 9 months before 26th July, 2009 applicant ordered Mst. Dai and her sister…

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