Law: Pakistan Penal Code, 1860

Section: 365-B,376,380

Law: Criminal Procedure Code (V of 1898)

Section: 544-A

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

Section: 129(g)

(a) Penal Code (XLV of 1860) --------- ----------Ss. 365-B, 376 & 380 --------- Qanun-e-Shahadat (10 of 1984), Art. 129(g) --------- Kidnapping, abducting and inducing woman to compel for marriage, etc., rape and theft in dwelling house --------- Appreciation of evidence --------- Court to presume existence of certain facts --------- Failure to produce eye-witnesses --------- Presumption --------- Absence of recovery --------- Effect --------- Delay in lodging FIR --------- Medical evidence --------- Evidentiary value --------- Contradictions in statements of prosecution witnesses --------- Benefit of doubt --------- Principles --------- Accused was alleged to have committed rape with daughter of complainant after abducting her along with committing theft of cash and gold ornaments --------- Trial Court convicted accused of said charges and sentenced him to undergo different periods of imprisonment, including life imprisonment, along with fine and compensation to victim under section 544-A, Cr.P.C. --------- Held, FIR had been registered with delay of three days, which remained unexplained --------- Complainant alleged to have moved application for registration of case on the day of occurrence, whereas police official, as prosecution witness, stated that said application had been submitted after three days of occurrence, but said witness was not declared hostile by prosecution --------- FIR had not been lodged with due promptitude --------- Complainant, as per his own statement, was not eye-witness of alleged occurrence and had been informed about the same by others --------- Complainant's statement was, therefore, not very much relevant --------- Eye-witnesses, who had seen the alleged occurrence, having been given up as being unnecessary by prosecution, were not produced during trial --------- Adverse presumption under Art. 129(g) of Qanun-e-Shahadat, 1984 could safely be drawn that had said eye-witnesses been produced before Trial Court, they would not have supported prosecution case --------- Victim was the only relevant witness of alleged occurrence, but her statement was not safe to be relied upon --------- Vehicle and weapon allegedly used in…

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