Law: Penal Code (XLV of 1860)

Section: 376

(a) Penal Code (XLV of 1860) S. 376--Rape-Evidence of prosecutrix corroborated by oral testimony- circumstantial, -and medical evidence-Accused caught at spot immediately after com mitting rape and semen detected on accused's shalwar-No motive for false implication of accused. established-Conviction and sentence passed against accused maintained in circumstances. (b) Witness Child witness-Evidence-Mere tender age of witness-No ground for r ejection, of evidence of such witness. Ameer Ahmed Khan for Appellant. Date of hearing : 11th November 1970.   JUDGMENT The appellant was convicted for an offence under section 376, P. P. C. and sentenced to undergo R. I. for 10 years by the learned Sessions Judge, Nawabshah. The incident had taken place on 9-3-68 at about 10-30 a.m. in the field near Tharushah town while the first report Exh. S was lodged at 11 a.m. at Tharushah by Mst. Shaharbano and it was recorded by Mr. Abdul Rashid S. H. O. The police station was situated at a distance of about four furlongs. Mst. Shaharbano is a minor girl aged about 7 years and daughter of Ghous. Yousuf is brother of Mst. Shaharbano. They lived in Tharushah. The appellant, is aged about 18 years and also lived in the same village. The other two accused persons who have been acquitted were Yamin and Bundoo aged about 11 and 10 years. They also lived at Tharushah. On 9-3-68 at about breakfast time Mst. Shaharbano left her house and went towards the abandoned cinema for plucking Akk flowers as she was sent by her mother and the same were needed for the boils on her hand. The girl on going towards the cinema eased herself and was, about to the tape of her trousers when it is said that the appellant and the other two acquitted persons appeared. The appellant was armed with hatchet and she was threatened. The appellant told the girl to allow him to have sexual intercourse with her but she refused whereupon she was carried to the wheat cultivation which was nearby and the appellant raped her and he was followed by the other two. After the rape the appellant' offered three bananas and one rupee to her which she refused to accept: She raised cries, which attracted her brother…