Law: Pakistan Penal Code, 1860

Section: 34,201,302,302(b),376

Law: Criminal Procedure Code (V of 1898)

Section: 164,173,342,364

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)/376/201--Qatl-i-Amd & Rape--Circumstantial Evidence--Last seen evidence/Wajtakar--Confessional statement of accused--Recovery of the belongings of the deceased--Medical evidence--Appreciation of evidence--Life imprisonment--Complainant's daughter aged 8 years, left home after Maghrib prayer time to fetch milk but she did not come back and, he reported the missing of his daughter to P.S--After 46 days, he received information regarding a dead body in a drainage ditch--Deceased died due to multiple injuries, on cheeks, both arms and forearms--As per report of chemical examiner of high vaginal swabs, semen was detected in the swabs--According to lady Doctor report, the deceased was raped before murder--Doctor examined appellant and found him fit to perform sexual intercourse--Mother of deceased, as PW-8 stated that she sent her daughter/deceased to fetch milk from Dera of employer of appellant and herself went to nearby shop in connection to purchase some commodities--Witness of wajtakar had seen appellant going while carrying a gunny bag in his right shoulder--PW/Magistrate, who recorded the confessional statement of appellant, and has fulfilled the requirements of Section 164, Cr.P.C. read with Section 364, Cr.P.C.--Stance taken by appellant in his statement u/S. 342 CrPC clearly expresses his retraction from the confessional statement recorded prior to trial before the Magistrate--Appellant got recovered the bucket and chappal of deceased--Duly identified by the parents of the deceased--PW/Doctor acknowledged that Even if the dead body was submerged in water, swabs can be taken for detection of semen, but that could be negative--But in present case, swabs were tested to be positive--The said swabs, although confirm the spermatozoa in the chemical examiner test report but the entire record is silent qua the grouping of semen and there is no report produced by the prosecution in which DNA has been confirmed--If classification or grouping of semen is not conducted in a rape case, it could not be proved that particular accused person had committed the rape--In the light of confessional statement of appellant,…

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