Law: Criminal Procedure Code (V of 1898)

Section: 265-K

Law: Penal Code (XLV of 1860)

Section: 376

(a) Criminal Procedure Code (V of 1898)--- ----S. 265-K --Penal Code (XLV of 1860), S. 376---Rape---Trial Court had dismissed the application filed by accused under S. 265-K, Cr.P. C. vide impugned order---Prosecutrix and the complainant both had resiled from their previous statements recorded during investigation and had not supported the prosecution version---Medical evidence did prove that the victim girl was subjected to rape, but it did not connect the accused with the same---No probability of the conviction of accused in the case existed---Accused could be acquitted under S. 265-K, Cr.P.C. at any stage of the case---Recording of evidence of seven prosecution witnesses by the Trial Court, was not sufficient for disallowing the application of the accused---Trial Court had failed to exercise the jurisdiction vested in it under the law---Application moved by accused under S. 265=K, Cr.P.C. was accepted and he was acquitted of the charge in circumstances---Revision petition was allowed accordingly. (b) Penal Code (XLV of 1860)--- ----S. 376---Rape---Appreciation of evidence---Medical evidence, utility of---Medical evidence may be used merely for corroboration and it cannot be made basis by itself for recording conviction and awarding sentence in absence of ocular evidence. ORDER RAUF AHMAD SHAIKH, JUSTICE:---.--- The petitioner has assailed the vires of the order dated 22-7-2010, passed by Mr. Javed Iqbal Warraich, learned Additional Sessions Judge, Gujar Khan District Rawalpindi, whereby an application under section 265-K, Cr.P.C. moved by him in case F.I.R. No. 267 of .2009 under section 376, P.P.C. Police Station Mandra was dismissed. 2. Briefly stated the prosecution version as set forth in the application (Exh.PF) submitted by Muhammad Ashraf son of Hukam Dad alias Bostan resident of Dhok Kenai Dakhli Tharjal Khurd, Police Station Mandra (subsequently reduced into formal F.I.R.) are that the complainant was present in his house along with his wife Zubaida Bibi on 7-10-2009. In the morning of the same day, Shabhana aged 18 years and Nabeela aged 11 years daughters of his real brother Ashiq Hussain came there. Nabeela age 11 years told while weeping that on…

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