Law: Pakistan Penal Code, 1860

Section: 376,496B

Law: Constitution of Pakistan, 1973

Section: 13

Law: Criminal Procedure Code (V of 1898)

Section: 203C

Penal Code (XLV of 1860)--- ----Ss. 496B & 376---Criminal Procedure Code (V of 1898), S. 203C---Constitution of Pakistan, Art. 13---Fornication---Rape---Complaint in case of fornication---Protection against self-incrimination---Appreciation of evidence---Complainant, a divorcee, alleged that six months back, accused proposed her and during a visit in her home, sexually assaulted her in consequence whereof she became pregnant when finally he backed out from his commitment, leaving her with no option but to disclose the affair to the family---Trial Court convicted the accused under S. 496B, P.P.C. while holding the affair as consensual and directed the police to proceed against the complainant for fornication---Validity---Complainant was 28 years of age when she entered the witness-box; she was a divorcee and admitted to have accepted accused's proposal---Such alleged proposal was subsequently revoked and in that backdrop she alleged carnal assault, countenanced by her in the hope that the accused would ultimately forge a bond with her---Complainant kept the affair discreetly secret and only took the family into confidence after her pregnancy became apparent; her long silence could not be equated as quiescence or submission or retirement under fear or duress---On the contrary, circumstances suggested her voluntary participation pursuant to exercise of intelligence being fully cognizant of the knowledge, significance and consequences thereof while exercising a choice between resistance and assent---Such facts could be safely assumed given her age and previous matrimonial experience---Said fact was confirmed by her own narrative reflecting upon attempts made to settle the issue of marriage; she never raised allegation of assault either without consent or against her will---Complainant could not take a sommersault in the face of accused's betrayal so as to revoke her consent retrospectively by conveniently alleging force, late in the day---Complainant was constitutionally protected against self-incrimination and, thus, could not be exposed to corporal consequences in the face of rejection of her narrative---Section 203C of Cr.P.C. created procedural impediment…

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