Law: Pakistan Penal Code (PPC),1860

Section: 376(iii)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 376(iii)--Conviction and sentence--Challenge to--Offence of rape--Medical evidence--No doubt according to report of DNA analysis  no, seminal material was detected, from vaginal swab of victim but same is immaterial for more than one reasons--Firstly, in order to constitute offence of rape “penetration” is sufficient, which has been established from testimony of Medical Officer--Secondly, detection of seminal material in vaginal swabs of victim is just a corroboratory piece of evidence and merely due to its non-detection other overwhelming ocular and medical evidence cannot be discarded--A self-respect family would falsely come forward in a Court just to make a humiliating statement against its honour as victim of rape--Prosecution has successfully proved charge against appellant as alleged for to hilt beyond shadow of reasonable doubt through cogent, reliable and confidence inspiring evidence--A discretion was bestowed upon Courts to inflict punishment of life or death according to circumstances of case--No doubt brutality inflicted upon by appellant upon a little soul, in least words, was inhuman but keeping in view his young age and factum that complainant has no objection for award of lessor punishment, therefore, we would prefer to award him lessor sentence.                                                                                        …