Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)---- --------S. 376----Conviction and sentence----Challenge to----DNA test----Absence of independent corroboration----Slightest doubt if reasonably arises has to be extended necessarily to accused and doubts may not be myriad for benefit----In instant case scientifically born a benefit of doubt through DNA report is extended to appellant----Victim was a married lady----About her private parts it has been indisputability noted that she was customary to conjugality and Court hates parti pris and follow law though detestability is be attached to incident----Statement of victim in absence of any independent corroboration is disbelieved----Prosecution has miserably failed to prove its case against appellant beyond shadow of reasonable doubt, appeal is accepted. THIS JUDGMENT DELIVERED BY: MAZHAR IQBAL SIDHU, JUSTICE:---.--- Tauqeer Abbas, appellant in the appeal, as mentioned above, has impugned the punishing judgment handed down by the learned Additional Sessions Judge, Bhakkar on 25.9.2009 and after having been tried in a case registered vide FIR No. 116 dated 02.10.2007 under Section 376, PPC at Police Station, Haiderabad, District Bhakkar was convicted and sentenced as follows:---- "Convicted under Section 376, PPC and sentenced to undergo ten years rigorous imprisonment with fine of Rs. 5000/- and in default whereof to further undergo one month simple imprisonment. He was also extended the benefit of Section 382-B, Cr.P.C." 2. Complainant Mst. Razia Bibi (PW-09) submitted complaint (Exh.PA) before the police on the basis of which formal FIR (Exh-PA/1) was chalked out on 02.10.2007 against Tauqeer Abbas and three unknown persons on the allegation that she was lawfully wedded wife of Abdul Rehmanson of Moulvi Manzoor Hussain caste Karlu resident of Mahni and due to the dispute between the spouses she had been residing in the house of her brother, Zohaib. On 01.10.2007 at 05:00 p.m she was alone in the said house when appellant Tauqeer alongwith three unknown persons, who had muffled their faces, came there while armed with guns. Appellant Tauqeer Abbas forcibly caught the complainant and dragged her into the room while…

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