Law: Pakistan Penal Code, 1860

Section: 338C,496B

Penal Code (XLV of 1860)--- ----Ss. 338-C & 496-B---Isqat-i-Janin and adultery---Appreciation of evidence---Benefit of doubt---Pregnancy, proof of---Accused persons were convicted by Trial Court and sentenced variously with maximum imprisonment up to five years---Validity---None of the witnesses of ocular account could make a single believable deposition during their examination as to commission of rape on the victim lady by three male accused persons---One of co-accused, who faced identical allegation of committing rape on the victim lady and causing her to miscarry was acquitted of charge by Trial Court as prosecution evidence was scanty in relation thereto---Some evidence existed on record as to miscarriage of victim lady caused by women medical officer who handed over a fetus of 14 weeks to the police---Issue of pregnancy of victim lady was a result of her intimate/sexual liaison with three male accused persons out of whom, one was convicted, other was acquitted and third was proclaimed offender---Pregnancy and abortion of victim lady, in absence of evidence to the contrary, could not connect convicted accused with charge nor could there be made any supposition or presumption by Trial Court to convict accused persons and sentence them---Accused was extended benefit of doubt---Trial Court had fallen in error to convict and sentence accused persons through which was frail and flimsy to be sustained---High Court set aside conviction and sentence awarded by Trial Court and acquitted both the accused persons of the charge---Appeal was allowed in circumstances. Muhammad Saleem Arshad and another v. The State 2007 PCr.LJ 50 rel. THIS JUDGMENT DELIVERED BY: SHAHID HAMEED DAR, J.--- Rehana Bibi (appellant) and Shafqat Abbas (appellant) have filed Criminal Appeal No.1490 of 2016 and Criminal Appeal No.1642 of 2016, respectively, against the judgment dated 11.6.2016, whereby learned Additional Sessions Judge, Ahmadpur Sial (Jhang) convicted them under sections 338-C/34 and 496-B/ 34, P.P.C, on conclusion of their trial in case-FIR No.187/14, dated 11.6.2014, under sections 302, 337-J, 365-B, 511/34 P.P.C., registered at Police Station Garh Maharaja (Jhang) and…

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