Law: Penal Code (XLV of 1860)

Section: 376

Penal Code (XLV of 1860) S. 376-Rape-Murder-Appreciation of evidence-No reason to disbelieve medical evidence as to either girl being smothered in course of rape deliberately or unconsciously or her cardio respiratory system failed on account of dread or fright--Contended that testimony of father of deceased not worthy of credit due to certain discrepancies and for being tipped by persons with whom appellant had differences and who lent him moral and financial support to prosecute case-Held, girl's father cannot be accepted to have swallowed humiliation resulting from publicity of his daughter's rape and suffer mortification of exhumation and autopsy of dead body of his innocent daughter and dishonour of departed soul by bringing a false charge against a respectable person of locality, who also happened to be son of his long time employer-Explanation of discrepancies plausible-Question of appellant being drunk cannot give him benefit of diminished responsibility under law of land --Evidence brought on record, held, inconsistent with innocence of accused appellant but in view of circumstances of case conviction changed from one under S. 302 to one under S. 304, Part II, P. P. C. Date of hearing: 4th November, 1980.                                                                                                              JUDGMENT Appellant Noor Akbar a 45 years old Zamindar of Buch Kasroabad. Tehsil and District Multan, stands convicted under sections 376 and 302, P. P. C. and sentenced to 10 years' R. I. and a fine of Rs. 500 on the first count and to life imprisonment and a fine of Rs. 1,000 plus Rs. 3,000 for payment as compensation, on the second. 2. The facts that led to the conviction of the appellant for rape and murder are as follows On 6thJanuary, 1975 a pseudonymous application was received in the office of Superintendent of Police, Multan, seeking justice and neces…