Law: Pakistan Penal Code, 1860

Section: 365-B,376

Pakistan Penal Code, 1860 (XLV of 1860)------Ss. 365-B 376--Standard Operating Procedure of rape cases (SOP), clauses 2(iii) 3--Conviction in rape case--Acquitted in abduction case--Allegation of--Sexual assault on a fifteen year old minor girl--With her assistance also examined documents on record--In rape cases victims and/or their families may be reluctant to come forward to promptly report crime because of trauma that has been suffered and they may have a perception of shame or dishonour in having victim invasively examined by a doctor--delay in reporting a sexual assault to police is therefore not very material as held by High Court--As regards semen not being sent for DNA forensic determination with a view to link it with perpetrator is not a requirement of law--In any event when victim in this case was medically examined, which was two days after crime was committed, semen was not detected therefore it could not have been taken and sent for a forensic analysis--lady doctor who had examined victim and prepared Medico Legal Examination Certificate (MLC) recorded that Hyperemia present and evidence of fresh bleeding, victim hymen is ruptured fresh and that bleeding present--Investigation in this case was conducted not by a lady police officer but by a policeman, which was inappropriate--This probably also accounts for clothes of victim not being handed over to him by victim or her mother being shy and/or suffering from shame and/or trauma--In any event, it was duty of investigation officer to obtain clothes from victim--Victim cannot be made to suffer further on account of negligence by investigation officer--In any event investigation officer failure to take into possession clothes of victim is not a material shortcoming when crime is otherwise established--Standard Operating Procedure of Rape Cases (SOP) dated 29th August 2013 issued by Investigation Branch of Punjab Police to all police officers of province provides that in respect of female rape cases investigation should be conducted by lady police officers--At relevant time, minimum punishment for rape under Section 376 PPC was ten years rigorous imprisonment and maximum was imprisonment for twenty…

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