Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 376 & 342---Rape and wrongful confinement---Appreciation of evidence---Benefit of doubt---Absence of marks of violence---Old healed tear of hymen---Non-availability of DNA report---Delayed FIR---Scope---Accused was alleged to have raped the complainant in the shop allegedly owned by co-accused---Medical evidence showed no marks of violence or injury on any part of the body of victim---Medical officer had admitted that old healed tear of hymen, as was found on the person of victim, meant that the first sexual contact had taken place more than two weeks back---Victim was examined after seven days of the occurrence---Swabs taken from posterior fornix and cervix were returned with the observation that possibility of semen detection after three days was very rare but it was known phenomena that semen remained active and alive upto 17 days at the best---Eye-witness had nowhere stated that he had seen the accused committing zina with the victim---First Information Report was lodged with a delay of six days and the explanation forwarded by complainant was that after the occurrence she had gone along with her mother to her father in another district and after returning back the matter was reported to the police---Complainant, in order to support her stance, had neither produced her mother nor her father and the explanation was too common to be given weight---Appeal was allowed and the accused was acquitted of the charge, in circumstances. Mst. Sherman v. The State 2002 PCr.LJ 831 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 109, 376 & 342---Abetment, rape and wrongful confinement---Appreciation of evidence---Benefit of doubt---Pointation towards place of incident---Acquittal of principal accused---Scope---Accused was alleged to have raped the complainant in the shop allegedly owned by co-accused--- Nothing was recovered or discovered or nothing new was added on the pointation of co-accused, therefore, pointation of co-accused towards the shop did not carry weight---No evidence was available to show that the shop in question belonged to co-accused---Eye-witness had not stated that the co-accused had closed the door of the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492