Law: Penal Code (XLV of 1860)

Section: 376(1)

(a) Penal Code (XLV of 1860) --- ----S. 376(1)---Rape of minor---Reappraisal of evidence---Competency of minor victim to testify---Scope---Victim was a minor girl aged between 8 and 9 years---After the trial commenced the victim testified by which time she was a year older, that is between the age of 9 and 10 years---Before recording her testimony the Judge of the Trial Court had asked the victim a number of questions to establish whether she was competent to testify and had recorded that, she was 'quite mature and has answered the questions above satisfactorily, hence she is declared a competent witness'---Thereafter, the victim testified on oath that she had been raped and she was cross-examined at length by the counsel for accused yet no material contradiction emerged nor did she resile from the accusation she had made against the accused---Victim proved to be a reliable witness---Prosecution had established its case against the accused beyond reasonable doubt---Conviction of accused for rape was maintained. (b) Penal Code (XLV of 1860) --- ----S. 376(1)---Rape of minor---Reappraisal of evidence---Medical evidence---Victim was physically examined by two lady doctors---First doctor noted that the victim's "Perineum, vulva stained with blood', 'deep penetration had been tried', 'Patient was still bleeding", 'Hymen shows fresh tear at 6'clock"---On the basis of such examination of the victim the doctor had rendered her opinion that the probable duration of injuries was within twelve hours---Vaginal swab for chemical examination was also taken to ascertain the presence of semen---In view of the precarious condition of the victim she was again examined by another female doctor who confirmed the earlier findings recorded by the first lady doctor---Specimen removed from the victim's body and from her shalwar (trouser) was sent for chemical examination and the chemical examiner's report confirmed that the same was semen---Potency test was also performed on the accused and the report confirmed that he was potent and capable of sexual intercourse---Prosecution had established its case against the accused beyond reasonable doubt---Conviction of accused for rape was…

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