Law: Pakistan Penal Code, 1860

Section: 376

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,382B,410

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 376--Criminal Procedure Code, (V of 1898), S. 410--Conviction and sentence--Challenge to--Benefit of doubt--Allegation of rape with minor girl--The entire prosecution case depends upon extra judicial confession and medical evidence--PW appeared before the trial Court stating that he was cutting fodder at his Dera, one "R" and his brother were accompanied him--Accused came there and disclosed that he had committed Zina with a girl and sought pardon--This statement was quite ambiguous having no date, time, place, mode and manner of the occurrence--The said witness neither specifically mentioned the name of the girl nor under what compulsion, he was going to confess his guilt--The sole statement of the said witness, which is otherwise incomplete remained un-corroborated from any independent source of evidence and does not inspire the confidence of High Court--The Court is surprised that how the trial Court came at the conclusion that the appellant was guilty of the offence--The extra-judicial confession is always weak type of evidence, which can only be relied upon, if it is corroborated from an independent and unimpeachable source--Though the medical evidence has confirmed the act of sexual assault with the victim yet it alone was not sufficient to raise finger towards any specific culprit especially when report of Chemical Examiner in that regard has been received with negative result--Evidence adduced by the prosecution is neither sufficient nor appeal to reason--Prosecution has failed to prove the charge against the appellant--Held: The sole statement of the said witness, which is otherwise incomplete remained un-corroborated from any independent source of evidence and does not inspire the confidence of High Court--Appeal was allowed by extending the benefit of doubt. THIS JUDGMENT DELIVERED BY: ASJAD JAVAID GHURAL, JUSTICE---.--- Through this criminal appeal under Section 410, Cr.P.C. appellant Asim alias Hashim has challenged the vires of judgment dated 26.11.2015 passed by learned Additional Sessions Judge, Shahkot in case FIR No. 49, dated 13.02.2014 in respect of an offence under Section 376, PPC registered…

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