Law: Penal Code (XLV of 1860)

Section: 376

Penal Code (XLV of 1860) S. 376-Rape-Benefit of doubt-Prosecutrix although alleged to have been subjected to rape by five adult accused persons yet no mark of struggle or injury found on her person-Prosecutrix appearing to be a woman of easy virtue and in all probability a consenting party-Conviction, held, cannot be sustained on bare statement of prosecutrix-Prosecutrix, a girl over 16 years of age, possibly leaving house of her parents of her own will-Offence of rape, held, cannot be deemed to have been committed, in circumstances-Accused given benefit of doubt and acquitted. Date of hearing: 8th March 1973.                                                                                                                              JUDGMENT (1) Karim Dad, (2) Sh. Ahmad, (3) Rabnawaz, (4) Ata Muhammad; (5) Mst. Hamida Bano, (6) Afst. Lal Bibi and (7) Muhammad Yaqub, were tried under section 366/376, P. P. C. petitioners Nos. 1 to 4 were sentenced to two years' R..I. each under section ?66, P.. P. C. And three years and nine months' R. I. under section 376, P. P. C. each while petitioners 5 to 7 were convicted under section 364, P. P. C. and sentenced to two years' R. 1. each, by the order dated 19-10-1971 of the learned Magistrate Section 30, Isa Khel. The sentences in respect of petitioners 1 to 4 were directed to run concurrently. They filed an appeal which was dismissed by the learned Sessions Judge, Mianwali vide his order dated 12-1-1972. Hence this revision petition. 2. Briefly the prosecution case is that at about Khuftanwela on the night between 9th/10th of August, 1969, Mst. Niaz Bibi was taken to the house 6f Suleman (P. W. 1) in connection with the marriage ceremony of his son or daughter by Mst. Hamida Banu and Mst. Lai Bibi petitioners. At that time Ahmad (P; W. 7), maternal -uncle of the abductee and Mst. Hayat Bibi (P. W 3),…