Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 376--Zina--Sentence--Acquittal of co-accused--Appreciation of evidence--Beseeching to avoid criminal prosecution--Examining as secondary evidence on account of non-availability of lady medical officer--Doubt--Validity--During her cross-examination, victim had admitted that when was being taken to fields, she raised hue and cry but nobody came there and saw incident--She also alleged that she was dragged to fields--Sole statement of victim remains in field--Now question is to be assessed whether her statement has been corroborated by medical evidence or not--Hyman of victim was absent and vagina admitted two fingers tightly--Her two swabs were taken and sent to Forensic Science Agency, for DNA test--By doctor no bruise, no laceration even no other sign of violence was seen on her whole body from head to toe--Her age was recorded 26 years--Had she been dragged? Her body would have some signs of violence, even at least her worn clothes would tell about this thing but memo of recovery of par chat does not prove this fact--Report of vaginal swabs did not exist, in this way, medical evidence does not prove fact of commission of zina by appellant with victim--Court is of humble opinion that prosecution has failed to prove its case against appellant beyond shadow of reasonable doubts, thus, impugned rendered by learned trial Court is set aside and appellant by accepting instant appeal and by extending him benefit doubt is acquitted of charges imputed against him--He is in jail, be set at liberty in a trice provided not required in any other case. THIS JUDGMENT DELIVERED BY: Muhammad Asif alias Bhola, appellant in the appeal, as mentioned above, has impugned the punishing judgment handed down by the learned Additional Sessions Judge, Kasur dated 14.04.2016 and after having been tried alongwith his co-accused Moazzam in a case registered vide FIR No. 654 dated 12.10.2013 under Section 376, PPC at Police Station, Khudian, District Kasur was convicted and sentenced as follows: "Under Section 376, PPC and sentenced to undergo fourteen years-rigorous imprisonment with fine of Rs. 1,00,000/- and in default whereof to further…

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