Law: Pakistan Penal Code, 1860

Section: 376

(a)    Penal Code (XLV of 1860)-------S. 376---Rape---Appreciation of evidence---Lodging of FIR with promptitude--Scope---Accused was charged for committing Zina-bil-jabr with the minor daughter of the complainant---Incident had taken place on 27.03.2018 at about 12:40 noon and the crime report was lodged on the same day at 03:45 p.m. i.e. within almost three hours of the occurrence---Said promptness in lodging the crime report not only confirmed presence of the eye witnesses at the spot but also excluded every hypothesis of deliberation, consultation and fabrication prior to the registration of the case---Appeal was dismissed in circumstances.(b)    Penal Code (XLV of 1860)-------S. 376---Rape---Appreciation of evidence---Ocular account proved---Evidence of minor victim, reliance upon---Accused was charged for committing Zina-bil-jabr with the minor daughter of the complainant---Prosecution case hinged upon the testimony of complainant, two eye-witnesses and the victim---Complainant reiterated the contents of the crime report---Two eye-witnesses unflinchingly supported the complainant while stating that they witnessed the accused committing rape with the minor girl---Said witnesses were subjected to lengthy cross-examination but the defence could not shatter their credibility on material particulars of the incident---Most crucial and star witness of the occurrence was the victim---Victim was about five years old at the time of recording of evidence and the trial Court before recording her testimony put some queries to her in order to determine whether she was competent to understand the questions and after satisfying it on that point, recorded her statement---Victim girl in her statement, in categorical terms raised accusing finger towards the accused to be the person, who took her towards a tube-well, removed her clothes and committed rape with her--Victim faced the test of cross-examination with full confidence and gave graphic details of the incident in a quite natural manner---During cross-examination, victim not only gave the name of her teacher but also her immediate neighbors and class fellows---From the tenor of…

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