Law: Penal Code (XLV of 1860)

Section: 376

Penal Code (XLV of 1860)--- ----S. 376---Rape---Appreciation of evidence---Prompt FIR---Solitary statement---Negative DNA report---Effect---Police party was patrolling in the area where they found complainant who informed while weeping that she was subjected to rape by three accused and at the spot pointed out towards them---Accused persons were arrested at the spot while the third accused escaped from the place of incident, so the matter was reported with remarkable promptitude in which the details of the incident were given by prosecutrix in the natural manner and her testimony was confirmed by the police personnel, who were patrolling the area---No ill will or acrimony had been alleged by the accused persons against the police---Argument that DNA (Deoxyribonucleic Acid) report did not connect the accused with the commission of offence was of no substance as number of factors could contribute in a negative finding vis- -vis matching DNA profile and even slightest interference in handling the samples could alter the result of DNA report---Solitary statement of victim, if rang true, could be relied upon for the purpose of conviction--- Appeal was dismissed. Shahzad alias Shaddu and others v. State 2002 SCMR 1009 ref. Abdul Ghani v. The State 2022 SCMR 544 and Shakeel and 5 others v. The State PLD 2010 SC 47 rel. JUDGMENT MUHAMMAD AAMIR NAWAZ RANA, J.---The appellants were charged, tried and subsequently convicted by learned Special Judge, Anti Rape/Sessions Judge, Quetta (hereinafter the trial Court) and they were sentenced in following terms: ----The result of above discussion is that the prosecution successfully proved the charge against accused for sexually assault beyond any reasonable doubt, as such accused Abdul Rehman son of Muhammad Sadiq and Naseebullah son of Muhammad Luqman are hereby convicted under section 376, P.P.C. and they are sentenced to suffer Imprisonment for a period of fourteen years each with fine of Rs.100,000/- (Rupees One Lac only) each. In default, thereof they have to further undergo S.I. for a period of one year each. Benefit of section 382-B, Cr.P.C is also extended in favour of both the accused persons. SUMMARY OF THE FACTS: The…

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