Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 376---Rape---Appreciation of evidence---Benefit of doubt---Alleged victim having a doubtful character---Effect---Allegation against the accused (appellant) was that he committed zina with the victim while the co-accused stood guard---Validity---Alleged incident took place when the victim was aged about 13/14 years and at-the time of her statement she was a fully grown up and "mature person, aged about 14/15 years---Victim did not tell the year of the occurrence and also did not narrate the period which had elapsed between the occurrence' and her statement---Victim had stated in her cross-examination that she was making the statement on asking of her father---Victim's father had submitted an affidavit to the effect that the accused persons had muffled their faces at the time of the occurrence---Doctor had opined that the victim had been subjected to sexual intercourse-many times and it was not alleged that prior to the occurrence, the accused had committed the mischief earlier also---Victim, in such circumstances, was obviously a person of dubious character and her solitary statement was not sufficient to prove the allegation of commission of illicit intercourse with her---Area from which the girl was allegedly removed, was a thickly populated area with houses on both sides of the street, therefore her removal from the area in bright day-light did not appear to be possible---Victim's father had admitted in his cross-examination that he had received a sum of money from the co-accused, which showed that the contention that the case was registered to extort money, was not without weight---Reasonable doubts existed as to the correctness of the prosecution case against the accused---Appeal was accepted and the conviction and sentence of the accused were set aside. (b) Penal Code (XLV of 1860)- ---S.376---Rape---Appreciation of evidence---Conviction based on solitary statement of the alleged victim---Scope---Doubtful character of the alleged victim---Effect---Such offences were committed in loneliness, so the absence of eye-witnesses was not material and statement of the alleged victim corroborated by medical evidence was…

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