Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 376---Rape---Appreciation of evidence---Benefit of doubt---Case of unseen evidence---Conviction based on evidence of hostile witnesses---Complainant not supporting contents of F.I.R.--- Effect--- Accused allegedly committed rape with the deceased-victim, who committed suicide after the incident---Deceased-victim allegedly disclosed name of accused to her father/complainant before committing suicide---During trial all witnesses were declared hostile as they did not identify the accused in Court and stated that they could not say whether accused was the same person, whose name had been disclosed by the deceased-victim---Trial Court convicted and sentenced accused for committing rape on the basis of evidence of hostile witnesses by observing that where evidence of such witnesses supported the prosecution case on material points, it was permissible to rely upon the same; that incident had taken place as alleged but the complainant party tried to save the accused after a compromise between both sides, and that complainant had admitted in his cross-examination that deceased-victim disclosed name of accused before committing suicide---Validity---Present case was one of unseen evidence---All prosecution witnesses had been declared hostile---Complainant had filed an application before the Trial Court, stating therein that he did not want to proceed with the matter, but the Trial Court still convicted the accused on basis of evidence of hostile witnesses---Complainant gave name of accused in the F.I.R., but during his deposition he stated that he saw a person with a muffled face and he gave name of accused in doubt---Statement of victim could not be recorded due to her suicide, hence ocular account had no evidentiary value---Prosecution did not bring sufficient corroboratory evidence on record to justify conviction of accused---Ocular evidence was in conflict with circumstantial evidence---Judgment of Trial Court was a result of misreading and non-reading of evidence, as all witnesses did not support the prosecution including the complainant---Appeal was allowed and conviction and sentence awarded to accused was set aside. (b)…

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