Law: Pakistan Penal Code (PPC),1860

Section: 376(1)

Law: Code of Criminal Procedure, 1898

Section: 4(h) , 203

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 376(1)--Criminal Procedure Code, (V of 1898), Ss. 4(h) & 203--Promise of marriage--Offence of fornication--Consent by a victim in rape case--Consent u/S. 90 of Pakistan Penal Code--Pregnancy--DNA--Biological father--Acquittal of--Appellant said to the complainant that he would marry her and at the promise of marriage, he used to commit rape with her--When the complainant told him that it is a sin, he extended threats--As a result of rape, she conceived pregnancy and when she told this fact to the appellant, he asked her for abortion with the plea that her pregnancy was not the outcome of his cohabitation with her--DNA test was conducted and according to the report of PFSA it was opined by analyst that appellant could not be excluded as being the biological father of minor girl--The term ‘consent’ has been defined in section 90 of Pakistan Penal Code--Consent by a victim in a rape case was discussed by the Supreme Court of India--A married woman was allegedly raped by the accused with the assurance that he would solemnize marriage with her--Complainant/victim (PW4) was previously married with one “A” and two daughters were born out of that wedlock, but about four years prior to the registration of FIR, she was divorced--Appellant had visiting terms with her family and he had been committing rape with her at the promise of marriage--She had sufficient maturity and well aware of the consequences of sexual intercourse by the appellant with her--Neither in the crime report nor in the statement of complainant (PW4), it has been mentioned that any force was used by the appellant--Prosecution evidence is also silent on the point that the complainant had allowed the appellant for commission of rape due to putting her in fear of death or hurt--There is no evidence that the appellant committed rape with complainant/victim (PW4) while showing himself as her husband--It is not a case of rape in terms of S. 375, PPC punishable u/S. 376, PPC rather it is abundantly clear that it is a case of ‘fornication’--No FIR can be registered under the offence of fornication as envisaged u/S.…