Law: Penal Code (XLV of 1860)

Section: 302(b),376(2)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 376(2)---Qatl-i-amd, rape---Appreciation of evidence---Ocular and medical evidence---Corroboration---Sentence, reduction in---Accused was charged for committing murder of two ladies after their rape---Record showed that mother of one of the deceased lady had brought on record the past relations of the deceased with accused---Medical Officer who examined the dead bodies of the victims had opined the cause of death as suffocation and strangulation while the private parts of both the deceased showed that they were subjected to forcible sexual intercourse and raped from both sides---Medical Officer who carried out the medical examination of the accused had opined that the accused was potent and able to perform act of zina---Besides, the semen samples of the accused were also taken and the same were sent to Forensic Science Laboratory for examination along with the shalwar, qameez and chaddar of deceased as well as a piece of cloth---Forensic Science Laboratory issued report and opined that the said articles excluding the chaddar of deceased were stained with human sperm---Multiple bruises on the persons of both the deceased would reflect not only their sexual assault and brutal murder, but also their attempt to rescue themselves from the clutches of the culprits---Circumstances established that the prosecution had succeeded in proving the charge against the accused---Three accused persons including the accused had been booked in the crime---Except the accused, the remaining accused persons were absconding, hence their pleas were yet to come on record---One of the deceased had kept illicit relations with the accused and absconding accused out of her free will and consent, therefore, awarding of capital punishment to the accused was unwarranted---While upholding the conviction of accused under Ss. 376(2) & 302, P.P.C., his sentence of death was converted into imprisonment for life---Appeal was dismissed with said modification. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 376(2)---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatl-i-amd, rape---Appreciation of evidence---Sentence, reduction in---Disclosure by…

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