Marks of Violence and Consent of Minor Rape Victim

Marks of Violence and Consent of Minor Rape Victim Case Laws Criminal Appeal Criminal Law Knowledge - Criminal Law Lahore High Court Litigation & Arbitration Rape Solutions - Criminal Law Mrs. Justice Erum Sajad Gull in her judgment has decided the issue regarding marks of violence and consent of minor rape victim in Criminal Appeal No. 1227 of 2012.

1. The instant appeal has been filed by the appellant against the judgment dated 20.06.2012 passed by the learned Additional Sessions Judge, Sargodha whereby the appellant was tried in case FIR No.113 dated 15.05.2011 registered under section 376 PPC at Police Station Baghtanwala, District Sargodha. The appellant was convicted and sentenced as under:

“22. …hence he is accordingly convicted u/s 376, PPC and sentenced to undergo ten years R.I and fine of Rs.100,000/- and in case of default in payment of fine, the convict will further undergo S.I for Six Months. Benefit of Section 382-B, Cr.PC is also extended in favour of accused.”

2. The brief facts of the case as narrated in the FIR were reiterated by the complainant Bashir Ahmad (PW.8) in his statement before the learned trial court, are reproduced as under:

“I have two daughters and two sons. All are unmarried. On 14/15.05.11, I along with my brother Muhammad Ameer and Saifullah (nephew/Bhanjah) were sleeping in my house situated at village Mangni. Mst. Ghazala Bibi, my daughter went to ease herself, after some time, at about 12 O” clock, we all went out to search her, when we reached abandon house of Alah Ditta Vains, we heard hue & cry and we entered in the said house, where we saw that accused Azam was committing zina with my daughter Mst. Gazala, whereas accused Naeem was standing near, we caught hold Mst. Gazala and secured her, whereas accused persons succeeded to run away. On 15.05.2011, we went to police station and on my written application, Ex.P-C, FIR, Exh.P-C/1 was registered against the accused. On the same day, I.O visited the place of occurrence, rough site plan was prepared by the I.O on the pointation of Pws. On the same day Mst. Gazala was medically examined by W.M.O THQ Baghtanwala.”

3. After registration of the case, the police proceeded with the investigation and on completion of the same, report under section 173 Cr.P.C. was submitted in the trial court and the trial court after observing all the legal formalities framed the charge against the appellant to which he pleaded not guilty thereafter, the trial commenced.

4. In order to prove its case, the prosecution examined nine witnesses. Abdul Razaq 1726/C appeared as PW.1. Dr. Shamim Akhtar appeared as PW.2. Dr. Muhammad Zahid Shah appeared as PW.3. Muhammad Afzal 803/C appeared as PW.4. Zafar Abbas ASI appeared as PW.5. Mst. Ghazala Bibi victim appeared as PW.6. Saif Ullah appeared as PW.7. Muhammad Bashir complainant appeared as PW.8. Ghulam Shabbir SI appeared as PW.9. The learned ADPP gave up PW Muhammad Ameer being unnecessary and while tendering report of DNA as Exh.PH and copy of FIR No.13/12 Police Station ACE/HQ as Mark-A closed the prosecution evidence.

5. After recording the prosecution evidence, the statement of the appellant was recorded under section 342 Cr.P.C. in which he refuted all the allegations levelled against him. In answer to the question as to why the case against him and why the prosecution witnesses had deposed against him, the appellant replied as under:

“Pws deposed falsely against me, just due to close relation with the complainant and victim, as Pw-7 is nephew of complainant and first cousin of victim. Instant case was registered against me falsely, due to previous grudge and political rivalry between my father and complainant. As complainant was dismissed from Ranger on oral, as well as, documentary proof, of his father, who was also employee in Pak Army and due to this grudge, I have falsely been implicated in this case.”

The appellant neither opted to appear as his own witness under section 340(2) Cr.P.C., nor did he produced any evidence in his defence.

6. After conclusion of the trial and hearing both the sides, the trial court convicted and sentenced the appellant.

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