Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 365-B & 376---Kidnapping, abducting, or inducing woman to compel for marriage, rape---Appreciation of evidence---Benefit of doubt---Prosecution case was that accused had abducted the daughter of complainant on gunpoint and raped her---Ocular account was furnished by the victim herself---Victim deposed that when she was going to school, accused abducted her on gunpoint and made her sit on his motorcycle and took her to a Chak where he confined her in a room and raped her---Victim disclosed that it took the accused three to four hours to reach the Chak---Victim did not raise any alarm or call for help at any point of time during that long journey---Prosecution witness, who was a Wajtakar witness appeared but his conduct was not natural---Said witness deposed that he knew that accused had abducted the victim but still he did not make any effort to stop him---Said witness did not inform the complainant immediately, his statement could not corroborate the allegation that victim was abducted on gunpoint---Prosecution's stand was that victim was recovered through the mediation of the panchayat, however no member of the panchayat was produced as witness, who could testify that victim was recovered from the accused---Investigating Officer did not interrogate any member of the panchayat---Investigating Officer did not visit the place where the accused had allegedly kept the victim for one month and committed rape with her---Investigating Officer did not interview any witness of that locality to verify as to whether that place was owned by the accused or was otherwise available to him for use---Victim deposed that she had been going out in the fields during the time when she was in the custody of accused---No body met her or at least saw her during that long period---Prosecution did not produce any witness in that respect---Said facts cast serious doubt on the prosecution version, benefit of which would resolve in favour of accused---Accused was acquitted in circumstances by setting aside convictions and sentences recorded by the Trial Court. Nadeem Bhatti alias Sanni v. The State 2016 PCr.LJ 558 and Ayub Masih v. The State PLD…

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