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

Section: 129

Law: Pakistan Penal Code, 1860

Section: 376

Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 129--Court may presume existence of certain facts--Rape case--Allegation--Eye-witness was not related to victim and was an independent witness, hence, his statement can safely be termed as best evidence--Withholding of such natural and independent evidence is giving rise to an inference that had he been produced during trial as witness, he would not have supported case of prosecution--Aforementioned inference drawn by High Court is inconsonance with Article 129, Illustration (g) of Qanun-e-Shahadat Order, 1984--That if any party withholds best piece of evidence then it can fairly be presumed that party had some sinister motive behind it--Presumption u/Art. 129(g) of Qanun-e-Shahadat Order can fairly be drawn that if PW would have been examined, his evidence would have been unfavorable to prosecution. PLJ 2011 SC 191, ref. Allegation of rape-- ----An act of bereft of any morality--Allegation of rape is always considered as an act bereft of any morality, hence gives rise to sentiments and emotions against wrong doer and brings sympathy for victim--However, a Court, by its very creation, is to administer justice and such objective can best be achieved only through decisions in accordance with available record and in consonance with settled principles laid down for appraisal of evidence. Charge of rape-- ----Statement of Victim--Charge of rape can be established through statement of victim and witnesses as well as from medical evidence brought on record. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 376--Conviction and sentence--Challenge to--Allegation of rape--Offence of rape--Appraised Medical evidence--Compromise between parties--High Court has appraised medical evidence furnished by Lady Doctor PW medically examined victim--A review of evidence of PW unfolds that during examination no marks of violence were noticed either on body of victim or at her vigina--Since, victim was a grown up girl and was subjected to sexual intercourse against her will and more importantly when she was screaming loudly, hence is a necessary consequence her resistance should have led to some mark of violence on her…

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