Law: Penal Code (XLV of 1860)

Section: 376

Penal Code (XLV of 1860), S. 376-Rape-Prosecutrix, neither offering resistance to sexual intercourse nor any marks of injuries found on her person or that of accused-Prosecutrix in all probability, held, a consenting party-Prosecution evidence entirely resting on sole testimony of Prosecutrix ---Not acceptable at its face value in circumstances-Conviction o accused persons for rape, held, not sustainable. JUDGMENT Five persons, namely, Muhammad Husain, Bashir Ahmad, Muhammad Ramzan, Gul Akbar and Muhammad Hafeez were separately tried for committing rape upon Mst. Sakina Bibi, by Mr. Talib Hussain, Section 30 Magistrate, Jhelum, who convicted and sentenced each one of them to undergo rigorous imprisonment for seven years and were also awarded 15 stripes. 2. The convicted persons filed separate appeals questioning their conviction and the sentences. As the evidence in all the cases is the same, I propose to dispose of the five appeals by a single judgment. 3. The facts of the case, shortly stated, are that on September 11, 1967, Mst. Sakina Bibi arrived at Jhelum from Peshawar. She went to Hurriat Bus Stand for going to Ali Beg, which is in Azad Kashmir territory. She contacted Muhammad Ramzan, who was standing near a bus and asked him whether the bus was ready to go to Ali Beg. Muhammad Ramzan replied in the affirmative. Mst. Sakina Bibi got into the bus. No other passenger was there in the bus at that time. Muhammad Ramzan started the bus, drove it to some distance and then brought back the vehicle to the bus stand. He told Mst. Sakina Bibi that he could not get any other passenger for Mirpur and would go early the next morning to Mirpur via Ali Beg. He further pointed to the chobara and told Mst. Sakina Bibi that it served as musafarkhana for the passengers who are to stay for 'the night. Mst. Sakina Bibi entered the chobara, found a cot with a bedding lying in the room. The light was on. Shortly afterwards, the five appellants alongwith one Dheru entered the chobara. Mst. Sakina was asked to put off her shalwar. She entreated them to spare her as she was a poor woman, but they again threatened her with death. Muhammad Ramzan told his companions to go out…