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Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 376 & 511--Convicted and sentence--Challenge to--Offence of attempting to commit rape--Testimony of witness--Benefit of doubt--Held: It is well settled by now that when a witness improves his/her statement to strengthen prosecution case and moment it is concluded that improvement was made deliberately and with mala fide intention, testimony of such witness does not remain reliable--Case of prosecution against appellant is doubtful in nature, therefore, appellant is entitled to benefit of doubt not as a matter of grace but as of right--Appeal was allowed. 2010 SCMR 385, 1993 SCMR 550 & PLD 2002 SC 1048, ref. JUDGMENT Naseer Ahmad (appellant) was tried by the learned Additional Sessions Judge, Sheikhupura in case FIR No. 1154 dated 23.11.2007, offences under Sections 376 and 511, PPC, registered at Police Station Saddar Sheikhupura District Sheikhupura for attempting to commit rape with Safia Bibi sister of the complainant. Vide judgment dated 08.06.2009 passed by the learned Additional Sessions Judge, Sheikhupura, NaseerAhmad (appellant) has been convicted under Sections 376/511, PPC and sentenced to rigorous imprisonment for five years with fine of Rs. 10,000/- (rupees ten thousand only) and in default whereof, to further undergo six months simple imprisonment. Benefit of Section 382-B, Cr.P.C. has been extended to the appellant. Assailing the above conviction and sentence, the appellant has filed the appeal in hand. 2. Precisely, facts of the case, as contained in the FIR (Ex.PA/1) registered on the written application (Ex.PA) of Muhammad Aslam, complainant (PW-1) are that he was employed in Shaheen Cotton Mills and resident of Mohallah Nadeem Kot, Tubewell No. 5, Tehsil and District Sheikhupura. On 16.11.2007 at around 9.00/10.00 a.m. his wife namely Munazza and real sister Safia Bibi were alone in the house and the complainant was on his duty. The appellant armed with pistol forcibly entered the house of complainant, went to the room of Safia Bibi sister of the complainant and attempted to commit zina bil jabr with her. When sister of the complainant made resistance, the appellant by show of pistol…

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