Law: Penal Code (XLV of 1860)

Section: 496-(B)(2)

(a) Penal Code (XLV of 1860)--- ----S. 496-B(2)--- Criminal Procedure Code (V of 1898), S. 203-C---Fornication---Appreciation of evidence---Benefit of doubt---DNA test---Consent, proof of---Two accused were sent to face trial for abducing and raping complainant/prosecutrix---Trial Court acquitted one accused while the other was convicted for committing fornication and was sentenced to imprisonment for five years---Validity---For convicting a person in the offence of fornication, complaint in terms of S. 203-C, Cr.P.C., was mandatory---Male alone could not be convicted in the offence of fornication and consenting female could not be believed as a witness against male accused---On external examination of complainant/prosecutrix, lady doctor did not find any mark of violence on her body---Ocular account was not supported by forensic evidence as vaginal swabs of complainant/prosecutrix were not found matched with blood sample of accused---Matching of semen stains taken from bed sheet from place of occurrence, which was drawing room of accused, with his blood sample was not sufficient proof to hold that the accused had committed sexual intercourse with the complainant/ prosecutrix---Prosecution case was full of improbabilities, legal and factual infirmities of fatal nature and was pregnant with bristling doubts of grave nature---Prosecution failed to prove its case against accused beyond reasonable doubt---High Court set aside conviction and sentence recorded by Trial Court and acquitted accused of the charge by extending benefit of doubt---Appeal was allowed accordingly. Muhammad Azad v. Ahmad Ali and 2 others PLD 2003 SC 14 and Mst. Shamim and 2 others v. The State and another 2003 SCMR 1466 ref. (b) Criminal trial--- ----Benefit of doubt---Effect---Responsi-bility to prove a case beyond any shadow of reasonable doubt squarely lies with prosecution---If prosecution fails to successfully discharge its responsibility, the only result can be extension of benefit of doubt to accused person---Multiple doubts are not required, even a single circumstance creating doubt in a prudent mind is sufficient to extend benefit of doubt---In case of doubt, benefit thereof must…

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