Law: Penal Code (XLV of 1860)

Section: 376,34

(a) Penal Code (XLV of 1860)--- ----Ss. 376 34---Rape, common intention---Appreciation of evidence---Benefit of doubt---Medical Evidence---Scope---Accused were charged for committing rape with the daughter of complainant---Lady Medical Officer examined the victim girl on the same day of alleged incident and deposed that no mark of any violence was seen on all over body; no pain and difficulty in walking; no sign of scratches and bruises were found---Said witness further deposed that after examining the victim girl, she was of the opinion that the victim was not subjected to sexual intercourse---Admittedly, victim girl had changed her clothes which she was wearing at the time of alleged incident---Said clothes were not produced by the police on the same day of examination of the victim girl before the Woman Medical Officer but the same were produced before her on the next day which adversely affected even the report of the Chemical Examiner---Final medical report had mentioned that semen group could not be determined---Without undertaking the process of semen matching, any opinion given by the Medical Officer would not prove the sexual intercourse by the accused persons upon the victim girl---Accused were medically examined and were found that they were potent and capable of sexual assault---Without undertaking the matching process, simply opining that the accused were potent and capable of sexual intercourse was not enough to connect the accused with the alleged commission of rape with the victim girl---Appeal against conviction was allowed, in circumstances. Salman Akram Raja and another v. Government of Punjab and another 2013 SCMR 203 ref. Sabir alias Sabir Hussain v. The State 2017 YLR 1270 and Waheed Murad alias Sheikha v. The State 2012 PCr.LJ 437 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 376 34---Rape, common intention---Appreciation of evidence---Benefit of doubt---Contradictions and improvements in the statements of witnesses--- Effect--- Accused were charged for committing rape with the daughter of complainant--- Record showed that the complainant had stated in the FIR that upon cries of the victim girl, when he reached at the spot along with…

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