Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 376---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Criminal Procedure Code (V of 1898), S.340(2)---Rape---Appreciation of evidence---Commission of offence---Onus to prove---Accused committed rape with complainant which resulted into birth of a minor girl---Trial Court convicted the accused and sentenced him to imprisonment for twenty years and fine---Plea raised by accused was that it was an offence of fornication as complainant was a consenting party---Validity---Accused during trial denied to have committed rape or illicit intercourse with complainant and there was only a suggestion while cross-examining victim of her evidence that "it was incorrect that I was consenting party"---Such denied suggestion alone was not enough to hold that victim was a consenting party especially when accused did not produce any evidence in his defence and even did not opt to make his statement on oath under S.340(2), Cr.P.C. to rebut prosecution case set up against them---Even consent of victim obtained by putting her in fear of death or hurt or where the man knew that he was doing sexual intercourse with a woman who was not married to him but the woman believed herself to be married to him constituted offence of rape under S.375(iii) and (iv), P.P.C.---Prosecution was duty bound to prove its case against accused beyond any shadow of doubt---Accused who had come forward with a specific plea must bring on record some material to establish the same---Conviction and sentence awarded to accused under S.376, P.P.C. by Trial Court was based on well-stated principles of appreciation of evidence---High Court declined to interfere in conviction and sentence awarded to accused by Trial Court---Appeal was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 544-A & 545---Penal Code (XLV of 1860), S. 376---Rape---Compensation to victim of rape---Maintenance of child born as a result of rape---Accused committed rape with complainant and as a result a minor girl was born---Trial Court convicted and sentenced the accused for imprisonment for twenty years and also awarded fine but no maintenance was awarded to the…

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