Law: Pakistan Penal Code, 1860

Section: 365-B,376,109

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 365-B, 376 109--Innocent in investigation--Evidence of witnesses of FIR was withheld--Benefit of doubt--Acquittal of--During investigation declaration of innocence was pronounced by police against all accused except since acquitted accused--Private complaint was filed--Victim while appearing in dock leveled accusation of abduction against appellants were not even arrested during investigation by police--Allegation of rape is always placed at ebb of immorality but even then fate of such cases is to be decided by Courts in accordance with settled principles laid down for appraisal of evidence--Witnesses of crime and out of them former was brother in law of victim but none out of three persons appeared as witness during trial--Evidence of witnesses nominated in crime report was intentionally withheld--Complainant even bothered not to file an appeal against his acquittal--Detail of occurrence furnished by victim during trial was in conflict contents of FIR--Since vaginal swabs of victim did not generate any male DNA profile, hence no comparison could be made--Benefit of every reasonable doubt is to be extended to an accused which can best be provided through of acquittal--Appeal was allowed. 2017 SCMR 486; PLD 2002SC 1048 ref. JUDGMENT Jamal Shah and Waheed Shah (appellants) along with three others, namely, Raja Saim Akhtar, Khurshid Shah and Tauheed Alam Shah were tried by learned Additional Sessions Judge-I, Khanewal in private complaint titled as “Mst. Saima Bashir v. Jamal Shah 4 others” under Sections 365-B,376 109, PPC, which was arisen out of case FIR No. 50/2010 dated 19.02.2010 registered under Sections 365-B 109 PPC at Police Station Tulamba, Mianchannu. The learned trial Court vide judgment dated 05.01.2012 while acquitting others proceeded to convict and sentence the appellants in the following terms: (1). Jamal Shah (appellant) (i). Under Section 365-B, PPC to suffer imprisonment for life. He was also directed to pay Rs. 25,000/- and in default whereof to further undergo SI for one year. (ii). Under Section 376, PPC to suffer rigorous imprisonment for 25-years as well as to pay fine of Rs. 25,000/- and…

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