Law: Pakistan Penal Code, 1860

Section: 376

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 376--Conviction and sentence--Challenge to--Allegation of committing rape--House trespass--Benefit of doubt--Alleged victim’s affidavit had been implicated in present criminal case on account of some misunderstanding and allegation of rape levelled against him was also result of some misunderstanding--The alleged victim (Rafia Bibi) and complainant also personally appeared before this Court and owned affidavits sworn by them and further stated that they have got no objection, if appellant be acquitted from charge.[P. 812] A Malik Abdul Rehman Tariq Khand, Advocate for Appellant. Mr. Muhammad Sharif Karkhi Khera, Advocate for Complainant. Malik Mudassir Ali, Deputy Prosecutor General for State. hearing date: 3.11.2021. JUDGMENT Appellant Nadeem Iqbal was tried in case F.I.R. No. 233/2016 dated 29.04.2016 registered u/S. 376 P.P.C. at P.S. Saddar Chichawatni, Sahiwal, on the allegation of committing rape with Mst. Rafia, a married lady, after tress-passing into her house and the incident was reported to the police by her father in-law Noor Samand complainant. 2. After submission of challan, the appellant was indicted u/S. 376, P.P.C. and vide judgment dated 05.04.2018, the learned Additional Sessions Judge, Chichawatni proceeded to convict and sentence him 10-years R.I. with a fine of Rs. 50,000/- under Section 376 P.P.C, however, benefit of Section 382-B, Cr.P.C. was extended to him. 3. By filing the instant appeal, the appellant has impugned the judgment. 4. During the proceeding of the instant appeal, report qua served/unserved sentence of the appellant was requisitioned from the Superintendent, Central Jail, Sahiwal and the same was submitted on 12.07.2021, which showed that the appellant had already undergone 05-years, 10-months and 21-days and his unexpired portion of sentence was mentioned as 04-years, 01-month and 09-days. 5. Learned counsel for the appellant, at the very outset tendered duly sworn affidavit of Mst. Rafia Bibi (the alleged victim) and Noor Samand (complainant of the case) as Mark-AB, respectively.have perused the contents of the affidavits and found that both the witnesses deposed that the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492