Law:

Section:

Penal Code (XLV of 1860)-- ----S. 392/411---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)---Allegation of gang rape---Medical evidence ---Value--Appreciation of evidence---Allegation against accused was that they committed Zina-bil-Jabr with prosecutrix one after the other and while leaving house of prosecutrix, they took away her belongings including ornament, cash and T.V. sets etc.---F.I.R. in case though was lodged with delay of six hours, but such delay was not fatal to prosecution case as distance between place of occurrence and police station was 6 k.m. and it was a night time occurrence---Nature of offence in case which was gang rape and dacoity, was such that a considerable time was required by the victim to come out of the shock and to gather her senses was not expected of victim in such a case that she would immediately run to lodge a complaint with the police---Neighbours and villagers on hearing about occurrence of such type gather on the spot and much of the time is consumed in narrating the event to them---No delay was, thus, found in lodging F. I. R. which could justify prosecution that same was recorded after meditation and contained a concocted story---Presence of prosecution witness was clearly recorded in F.I.R. thus, in no way he could be termed as a chance witness alleged by accused---Recoveries were effected as and when accused persons disclosed about them---In absence of any enmity between parties, statement of prosecutrix supported by medical evidence and the positive report of Chemical Examiner was more than sufficient to establish allegation of rape against accused-- Contention of accused in the context of medical evidence was that as the vaginal swabs of the victim were not sent to the Serologist for semen grouping, the Report of Chemical Examiner had no evidentiary value in that regard--Contention was repelled on the ground that in view of latest Forensic Science advances, seminal grouping was not a reliable and fool proof test but, in fact, was rather exculpatory in nature than a positive proof to establish the identity of an accused in a rape case---Evidentiary value of the seminal grouping was merely…

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