Law: Penal Code (XLV of 1860)

Section: 376

Penal Code (XLV of 1860), S. 376-Rape-Prosecutrix a married woman of 20/22 years-Previous illwill between parties Supporting evidence not independent, being merely that of husband, brother-in-law and wife (victim)-No marks of violence or scratches on person of either nor any incriminating article recovered-Place of assault on path, near main road, within short distance of village abadi-Prosecution witnesses present near about-Rape, In circum stances, held, could not be committed in broad daylight-Presence of semen on pubic region-Not unnatural in case of married women--- Prosecution case, held, not satisfactorily corroborated-Accused given benefit of doubt and acquitted. Date of hearing: 13th April 1972.                                                                                                                          JUDGMENT Allah Ditta, aged 42 years, was tried shy Syed Sajjad Hussain Naqvi, Magistrate Section 30, Jhang, for an offence under section 376, P. P. C. for committing rape on Mst. Nasim Akhtar 'P. W. 2, wife of Muhammad Ramzan, complainant P. W. I. He was found guilty by the learned trial Magistrate vide his judgment dated 11-5-1971 and was sentenced to five years' R. I. and a fine of Rs. 2,000 (or two years' R. 1. in default of payment of fine), under the said section. He has come up in appeal against his conviction and sentence. 2. The facts of the prosecution case briefly stated are that on 22-11-1969 at about 2 p.m. Mst. Nasim Akhtar, the prosecutrix, aged about 20/22 years. went out for picking cotton in her field in the area of village Dhoriwala, District Jhang. Her husband had gone to Jhang in connection with some work. When she reached near the jugi of Tarkhan Muhammad, the appellant emerged from bebind some bushes; fell down Mst, Nasim Akhtar P. W. 2 on the ground; took off her chadar and started committing rape on her. She…