Law: Pakistan Penal Code, 1860

Section: 147,148,343,365B,376-I,452

Penal Code (XLV of 1860)--- ----Ss.365-B, 376-I, 343, 452, 147 & 148---Kidnapping, abducting or inducing woman to compel for marriage, rape, wrongful confinement for three or more days, house-trespass after preparation for hurt, assault or wrongful restaint, rioting, rioting armed with deadly weapons---Appreciation of evidence---Benefit of doubt---Ocular account did not support medical evidence---Prosecution case was that the accused-appellant kidnapped the complainant and committed rape---Allegedly incident took place on 24/25.7.2011 and victim appeared for medical examination on 20.8.2011 after the delay of about one month of the occurrence, which was not of much help to the prosecution---Record showed that semen were present in the vagina of victim which was of not much use in the absence of forensic test report---Medical Report showed that there were no signs of violence on the body of complainant---Uterus and vagina were normal and had no signs of violence---Medical Officer had concluded on 20.8.2011 that the victim was subjected to rape one or two days before the examination, while victim remained in Darul Aman from 10.8.2011 to 20.8.2011---Testimony of said witness created a dent in the prosecution case---Complainant introduced his father as additional witness during trial with the intention to strengthen her case as she did not specifically stated in FIR about the presence of her father at the time of occurrence---Record transpired that on 29.7.2011, complainant appeared before Judge Family Court and recorded statement that she feared her life from her husband who had declared her a "kari" and she be sent to Darul Aman---Complainant had filed suit for dissolution of marriage against her husband and had alleged that said suit was filed because the accused-appellant had threatened her of dire consequences---Complainant in the application for registration of FIR, had stated that she had been raped 10/15 days ago---Said statement did not tally with the time of offence otherwise given by her---Nothing was available on record to show that from the day of occurrence till the say of recovery of victim, any effort was taken by the husband or father of victim…

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