Law: Penal Code (XLV of 1860)

Section: 302(b),376

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 376---Qatl-i-amd, rape---Appreciation of evidence---Medical evidence---Scope---Accused was charged for committing murder of the minor daughter of complainant after her rape---Apparently there was no rape (penetration) and only a case of attempted rape based on the chemical report which found semen on the vaginal swabs---Chemical report however was not put to the accused for his explanation during the recording of his S.342, Cr.P.C statement---No DNA test was carried out to show that the semen which was found on the body of the deceased matched with that of the accused---Prosecution had not been able to prove the charge of rape (or attempted rape) of the child against the accused beyond a reasonable doubt---By extending the benefit of the doubt to the accused, he was acquitted of the charge of rape under S.376, P.P.C. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Evidence not put to the accused---Scope---Evidence not put to accused during the recording of his S.342, Cr.P.C. statement could not be used to form a basis of his conviction. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b) 376---Qatl-i-amd, rape---Appreciation of evidence---Delay of twenty four hours in lodging the FIR---Scope---Accused was charged for committing murder of the minor daughter of complainant after her rape---First Information Report had been lodged after a delay of 24 hours---Complainant/father of the victim stated in his evidence that his daughter went out at 6.45 p.m. and did not return after an hour i.e. 7.45 p.m. where after he and his brother started their search for the missing girl---During the search complainant reported the incident at Police Station and announcements were made through loud speakers of the mosque---Search continued throughout the night and atabout 4.30 a.m. complainant went home and at 8.30 am on next day complainant was informed that a dead body had been found at Katchra Kundi---Complainant went to Katchra Kundi which was only 40/50 paces from his house and identified the dead body of his daughter who was taken to hospital where medical examination was carried out and then the dead body was delivered to…

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