Law: Penal Code (XLV of 1860)

Section: 376

 Penal Code (XLV of 1860), S. 376---Contradictions and lapses in evidence raising doubt-No evidence of any struggle having taken place nor marks of any injury found on person of either prosecutrix or accused-Rape, in circumstances, held not proved to have been committed-Accused acquitted.   Modi's Medical Jurisprudence, 13th Edn., p-32 and Mohla Ram v. Emperor A I R 1924 Lah. 669 ref.     Dates of hearing: 7th, 13th and 14th December 1965.  JUDGMENT   The appellant, Shan Khan, was tried on the charge under section 376, P. P. C. and by his order dated the 30th of November 1962, recorded by the Sub-Divisional Magistrate, Chakwal, was convicted and sentenced to six years rigorous imprisonment.   Mst. Speadan Begum, daughter of Sumundar, resident ofDhok Daberi, Tehsil Chakwal, lodged a report with police station, Neela, on the 12th of May 1962, at 6-30 p.m. stating that on the 9th of May 1962, at chhoti peshiwela, she was cutting grass in the field of her uncle. The appellant accompanied by Ghulam Hussain emerged at the spot and caught hold of her, laid her down, and. committed rape upon her. Ghulam Hussain was keeping watch. In the meanwhile, Ayyub Khan, cousin .of the prosecutrix appeared on the scene who raised an alarm which attracted Amir Khan from his field and the appellant and his companion ran away. After the arrival of Amir Khan (P. W. 3) the. prosecutrix narrated the occurrence to him and then she along with Amir Khan and Ayyub Khan proceeded to the village, Her father being away from the house, therefore, on the return of S, her uncle to the house, he was appraised of what had happened and she was taken to Chakwal where on the 12th of May 1962, she was medically examined by Lady Doctor, and on the same A day the report Exh. P. A. was made at 6-30 p. m. at the police station. In the opinion of the Lady Doctor, rape was committed upon her within six days, but no marks of violence were found on her. The chaddar Exh. P. 1 (which was worn by the prosecutrix at the time of the occurrence was taken into possession on the 13th of flay 1962. The same was found stained with semen vide Chemical Examiner's report Exh. P.…