Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 365-B & 337-L(ii)--Sworn affidavits--No objection over acquittal of accused in order to condense litigation--Validity--No appeal against acquittal of appellant under Section 365-B & 337/L(ii), PPC and criminal revision for enhancement of sentence of appellant had been filed--Reason given by trial Court for acquittal of appellant under Section 365-B, PPC regarding story of abduction of victim is disbelieved qua evidence of complainant, therefore, there is no need to reappraise deposition to extent of abduction of victim (PW-2). Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 376--Sentence--Abducted and committed rape--Dishonest improvement--Conflicted with medical evidence and report of DNA test--Sole witness--Ocular account--According to her deposition, she was virgin unmarried at time of incident and she was abducted--Accused committed rape with her--Hymen of alleged victim was not in-tact, old healed tags were present on periphery--Vaginal orifice was visible--Two fingers could easily be passed--Doctor stated in her examination-in-chief that report of forensic science agency for DNA test was received, according to which no seminal material was identified--No analysis was conducted at that time--In cross-examination, lady doctor admitted that examinee was found to be old sexual case and was used to sexual act before examination--DNA report had not identified semen with respect to appellant--Prosecution had miserably failed to establish charge against appellant beyond any shadow of doubt--It was duty of prosecution to prove its case while standing on its own legs from hilt to guilt but prosecution had not fulfilled its obligation--It is settled law that where any doubt or suspicion appears to be existed then benefit thereof always is extended in favour of accused being favourite child of law--Contradictions in ocular account as well as medical evidence coupled with affidavits sworn by complainant and victim by contending that they had got no objection for acquittal of appellant--Appeal was accepted. JUDGMENT This Criminal Appeal filed by Riaz Hussain the appellant, is directed against judgment dated…

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