Law: Penal Code (XLV of 1860)

Section: 378

Penal Code (XLV of 1860) S. 376-Rape-Prosecutrix over 14 years of age, eloping with accused willingly, neither put in fear by accused nor any sign of injuries on her person nor subjected to forcible intercourse - Circumstances, held, lead to irresistible conclusion that prosecutrix was a consenting party to sexual intercourse-Accused, held, guilty of no offence in law. Allah Bux v. The State P L D 1963. Kar. 684 and Mahla Ram v. Emperor A I R 1924 Lah. 669 rel.   JUDGMENT The appellant was convicted under section 376, P. P. C. and sentenced to five years R. I. by the learned Section 30 agl1strate, Gujrat. The prosecution case is that sometime before the occurrence which took place on or about the 2nd June 1965 Mst. Irshad Bibi, the daughter of the complainant Allah Ditta, had been a consenting party to eloping with the appellant on his promises of gifts to fancy garments and orna ments. The report was lodged on 3rd June 1965 by Allah Ditta and it was stated therein that two or three days earlier Mst. Irshad Bibi had eloped with the appellant and that she had been brought back by Khuda Bux and Nazra, P. W. 4. and P. W. 5 and that she had been returned at the intervention of Khuda Bux and Nazra who had handed her over to her father: The case was reg1stered on the basis of an application by Allah Ditta addressed to the S. P., Gujrat. Mst. Irshad Bibi was medically examined after she had been restored and the appellant was thereafter challaned. Some details of the prosecution were that the appellant met Mst. Irshad Bibi by appointment and went to her house when she was alone, that at about late in the night Mst. Irshad Bibi voluntarily accompanied the appellant who repeated his promises of new clothes and orna ments to her. She was taken to the appellant's dera where his friends were present. There she was kept in a room which was guarded outside at night. That night the appellant com mitted forcible sexual intercourse with Mst. Irshad Bibi. She was kept there for two days and one night. Thereafter she was brought to the canal bridge and handed over to Khuda Bux and Nazra who took her to her father. 2. The learned trial Magistrate on the basis of the…