Law: Pakistan Penal Code, 1860

Section: 376(1)

Law: Criminal Procedure Code (V of 1898)

Section: 173

Law: Qanun-e-Shahadat Order, 1984

Section: 3

Summary

The Lahore High Court upheld the life imprisonment conviction of the appellant under section 376(1) PPC for raping his minor daughter. The prosecution case relied mainly on the victim’s statement and medical evidence. However, the victim's statement was recorded without the required rationality test and lacked strong corroboration. The medical evidence was contradictory, with the doctor later clarifying no conclusive proof of rape. The complainant and her brother were hearsay witnesses with inconsistencies in their testimony. The court found the prosecution's evidence untrustworthy and set aside the conviction and sentence, ordering the appellant's release.

Core Points

• Appellant convicted under section 376(1) PPC for raping minor daughter.
• Victim's statement taken without rationality test or certification of fitness.
• Medical evidence contradictory; no definitive proof of sexual intercourse according to chemical examiner and DNA reports.
• Complainant and her brother are hearsay witnesses, not eyewitnesses.
• Serious inconsistencies and contradictions in prosecution evidence.
• Case arose amid family dispute and attempts at compromise failed.
• Court emphasized higher standard of proof due to the incestuous nature of allegations.
• Prosecution evidence deemed insufficient and unreliable.
• Conviction and sentence set aside; appellant ordered released.

Law and Section Table

JUDGMENT