Law: Pakistan Penal Code, 1860

Section: 376,34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 3

Law: Criminal Procedure Code (V of 1898)

Section: 265D

Penal Code (XLV of 1860)--- ----S. 376/34---Criminal Procedure Code (V of 1898), S.265-D---Qanun-e-Shahadat (10 of 1984), Art.3---Rape and common intention---Appreciation of evidence---Allegation against the accused persons was that they committed rape with the niece of the complainant---Trial Court convicted the accused and sentenced them to imprisonment for life---Joint charge was framed against the accused but no specific allegation was made against one of the accused for committing Zina-bil-Jabr and requirements of S.265-D, Cr.P.C., to his extent were missing---Victim while appearing in the witness box was put specific question by the Trial Court on which the court observed that the witness did not understand the questions but in the interest of justice her statement was recorded in which she stated that one of accused committed Zina-bil-Jabr while other remained standing equipped with pistol and complainant reached outside the house (place of occurrence) but remained outside and did not come in the house and did not see the occurrence, however, she could not state the incident by narrating the necessary details---Statement of the victim was required to be recorded in accordance with Art.3 of Qanun-e-Shahadat, 1984, and interest of justice could not be given preference to express provisions of law based on fundamental law of administration of justice---Victim could not understand the question of vital importance being of tender age and otherwise victim of rape could not forget the agony of the series of actual acts for her entire life---Victim lost the most important occasion to narrate the actual act necessary to convict the accused and even could not point out the accused present in the court to be those who committed the offence---Medical Officer stated that no marks of violence were detected on any part of the body of the victim except on the back of both hands---Genitalia vulva was found healthy, no swelling or scratch mark or injuries were noted over vulva region and vagina admitted two fingers with or without pain on genital examination and no discomfort was noted---Clothes of victim were not stained with blood, mud or any type of fluid---Medical…

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