Law: Penal Code (XLV of 1860)

Section: 376,506

(a) Penal Code (XLV of 1860)--- ----Ss. 376 506---Rape, criminal intimidation---Appreciation of evidence---Delay of two days in lodging FIR---Scope---Accused was charged for committing rape with the daughters of complainant and intimidated with dire consequences if his misdeeds were reported to anyone---Complainant though approached police for reporting the crime through written application after two days of the incident but such delay was properly explained during trial, thus could not be used to the detriment of prosecution---According to the explanation, complainant was flabbergasted to see the event and since perpetrator was her real brother, thus she approached mother who further advised to maintain silence for the time being---Since the mother of the complainant remained unmoved in next two days probably to save the skin of her son, hence the application for registration of case was moved so late---Even if the said explanation was discarded still the reluctance of complainant to approach police as the unfortunate saga was destined to have long lasting stigma on the future of her daughters---If at all the story of crime was nothing but a jumble of lies knitted with some sinister design of settling personal grouse, the complainant should have approached the police on the same day when she conceived the design of getting a false case registered against the accused---Delay of two days in reporting the crime to police shed no doubt upon the prosecution case, in circumstances---Even otherwise, the delay in reporting the crime in rape cases became insignificant as families showed reluctance to come forward to promptly report the matter because of trauma, the victims suffered and due to shame or dishonour in having invasively examined by a doctor---Circumstances established that the prosecution had proved its case against the accused without any shadow of doubt---Appeal was dismissed accordingly. Zahid and another v. The State 2020 SCMR 590 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 376 506---Rape, criminal intimidation---Appreciation of evidence---Ocular account---Scope---Accused was charged for committing rape with the daughters of complainant and…

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