Law: Pakistan Penal Code, 1860

Section: 376(ii),496-B(2)

Law: Criminal Laws Reform Ordinance, 2002

Section: 203-C

Crl. A. No. 185 Crl. Rev. No. 242 of 2015, heard on 11.10.2022. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 376(ii) 496-B(2)--Criminal Procedure Code, (V of 1898), Ss. 203-C--Fornication--Acquittal of-- Complainant had recorded her statement u/S. 164, Cr.P.C and she has also admitted in her cross examination that she had not told the factum of lodging of erroneous FIR against the facts to the learned Area Magistrate at that time--Evidence of supra mentioned PW is not trustworthy and confidence inspiring--Complainant being dissatisfied from the police investigation had filed private complaint u/S. 376(ii) PPC against the appellant and his co-accused but, the same cannot be considered as competent u/S. 203-C Cr.P.C for offence of fornication--For convicting a person in the offence of fornication, complaint in terms of Section 203-C Cr.P.C is mandatory--A male alone cannot be convicted in the offence of fornication and the consenting female could not be believed as witness against the male--She remained cooperative and seven she did not raise any alarm when her relatives reached at the place of occurrence which indicates her consent till lat moment--Conviction of appellant under the offence of fornication (496-B PPC) is not sustainable in the eye of law--Matching of semen stains taken from the bed sheet from the place of occurrence which was admittedly was a drawing room of appellant was matched with blood sample of appellant is not sufficient proof to hold that the appellant has committed sexual intercourse with the complainant--The prosecution has miserably failed to prove its case--Appellant is acquitted. [Pp. 354, 355, 356, 357 361] A, B, C, D, E, F, I PLD 2003 SC 14; 2003 SCMR 1466 ref. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435/439--Revision petition--Appeal against acquittal--No criminal revision is competent the acquittal of any accused in any offence in the light of section 439(5) Cr.P.C. [Pp. 358, 359] G Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 376(ii) 496-B(2)--Benefit of doubt--It is better that 100 guilty persons should let off but one innocent person should not suffer. [P. 359] H 2022 SCMR 1567; 2022 SCMR 1515 ref.…

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