Law:

Section:

(a) Evidence--- ----Scope---Principle---Quality and not the quantity of evidence was important in either proving or disproving a case. (b) Penal Code (XLV of 1860)--- ----S.376---Rape---Appreciation of evidence---Sole statement of victim---Evidentiary value---Marks of violence not necessary to prove rape---Prosecution case was that the accused had raped the complainant---Victim remained consistent on all material facts in her statements given to her parents on the day of incident, in the FIR, in the one statement recorded under S. 164, Cr.P.C. before a Magistrate and then in her testimony given during the trial---Victim, in her cross-examination, had been honest and upright and had made no attempt to improve her case; she was examined three days after the incident and the Medical Officer concluded that the hymen was torn and bleeds to touch and that the victim had been subjected to sexual intercourse in the past four days---Medical report showed that the victim was not used to sexual intercourse---Vaginal swab was taken which detected human sperm and blood---Accused had alleged that there was no independent witnesses to the incident---Rape was a crime that was often committed in private, where there was no witnesses to corroborate the claim made by a victim---If the necessity of eye-witnesses was mandatory, no perpetrator would ever be convicted---In the present case, though DNA test was not conducted to establish nexus with the sperm found, but the solitary statement of victim, which was confidence inspiring was sufficient to award conviction---Circumstances established that accused committed rape with the complainant---Appeal against conviction was dismissed in circumstances. Mst Nasreen v. Fayyaz Khan PLD 1991 SC 412 and Ibrar Hussain v. The State 2007 SCMR 605 rel. (c) Penal Code (XLV of 1860)--- ----S. 376---Rape---Appreciation of evidence---Delay of two days in lodging FIR---Effect---Incident took place on 5.11.2010 and FIR was lodged on 7.11.2010---Delay in lodging FIR had been explained well by the victim---Victim and her family in such like cases, due to embarrassment and family honour were reluctant in lodging FIR, thus delay was not detrimental to…

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