Law: Penal Code (XLV of 1860)

Section: 376-II/337

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 376-II/337-J--Rape--Victim a married lady--old hymen ruptured--DNA report--Intoxicant material--Benefit of doubt--Acquittal of--Complainant/victim appeared as PW-5 and alleged the petitioner and his co-accused to have committed rape with her--Victim was 49 years of age while petitioner was a young lady of 20 years old--Story told by the victim is not plausible--According to her, petitioner’s mother and two sisters gave her some intoxicating drink which made her unconscious and petitioner and his friend committed rape--In our society, no matter how morally bad one is, he cannot do such kind of act in front of his mother and sisters--Victim was admittedly a married lady--Her hymen to be old ruptured--Blood sample of victim was taken and sent to PFSA--According to laboratory report “Alprazolam” was detected in her blood--Neither anything containing intoxicating material was recovered nor any intoxicating material was found in her blood--Victim had lodged a similar kind of case against another person but same was ended in compromise--DNA report revealed that possibility cannot be ruled out that the petitioners is the contributor of the semen detected on the vaginal swabs of the victim--DNA report is not conclusive and certain about the guilt of the petitioner--Co-accused was eliminated being contributor of male DNA--Prosecution case was not free from doubt--there are dents which are so grave and sensation--Convert this petition into appeal, allow it and set aside the impugned judgment--The petitioner is acquitted of the charge. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 376--Rape--Testimony of victim--Testimony of a victim in case of sexual offences is vital and unless there are compelling reasons which necessitate look in for corroboration of a statement. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 376--Rape--Medical evidence--Alprazolam is used to treat anxiety and panic disorder--same is in a class of medications called “benzodiazepines” and it works by decreasing abnormal excitement in the brain--It seems the victim was a patient of depression. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S.…

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