Law: Pakistan Penal Code, 1860

Section: 376,506/2,511

(a) Penal Code (XLV of 1860)--- ----Ss. 376, 511 & 506/2---Rape, attempt to commit offence punishable with imprisonment for life or a shorter term, criminal intimidation---Appreciation of evidence---Prosecution case was that accused while armed with dagger, attempted to commit rape with the complainant and she received injuries on resistance---Ocular account of the occurrence was furnished by the complainant---Complainant was cross-examined at length but her evidence could not be shattered---In the present case, two witnesses were declared hostile and they gave obligatory statements in favour of accused, but rest of the prosecution witnesses had fully supported the prosecution---Witnesses were unanimous in their evidence that they heard cries of the complainant coming out of her room, which was locked from inside---Said witnesses entered in the room by kicking at the door, where the culprit was present and on seeing the witnesses, he made his escape good---Record transpired that at the time of sexual assault, the room was bolted from inside and only the complainant and accused were present therein; in such state of affairs, only the complainant could state the facts---Accused in his statement recorded under S. 342, Cr.P.C. had not denied his presence at the time of occurrence in the complainant's room, but he narrated a different story, which seemed to be ridiculous---No motive or any other cause was attributed to the complainant and other prosecution witnesses to falsely implicate the accused---Admittedly, in the present case, there was no dispute regarding date, time, place of incident, role and conduct of accused against the victim, therefore, it was established that prosecution had discharged its burden successfully---Circumstances established that all the witnesses were natural, confidence inspiring and sufficient to connect the accused with commission of crime---Appeal was dismissed in circumstances. Rizwan alias Abu-Bakar v. The State 2010 PCr.LJ 1296; Ejaz ul Haq v. The State and another 2013 YLR 2563; Mst. Zahida Parveen v. Muhammad Afzal, A.S.-I. and another 2014 PCr.LJ 819 and Naseer Ahmad v. The State 2016 MLD 1352 ref. (b) Penal Code (XLV of…

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