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Criminal Appeal No. 82 of 1966, decided on 10th March, 1982.
-- S. 376-Rape - Girl aged 14 years--Medical and Chemical Report showing that abductee was subjected to sexual intercourse-Witnesses supporting prosecution version-Prosecution, held, proved case beyond reasonable doubt-Appeal dismissed.
Nemo for Appellant.
S. Zaman Shah for the State.
Date of hearing : 10th March, 1982.
Registered Post Cards were issued. Neither the appellant nor his learned counsel has entered appearance.
2. This Criminal Appeal No. 82/66 arises from the judgment of the learned Magistrate Section 30, Dera Ghazi Khan whereby, he on 29th December, 1965 convicted Yasin appellant under section 376, P. P. C. and sentenced him to five years' R. 1. for committing rape upon Mst. Sardar Mai P. W. 1. The execution of the sentence of the appellant was not suspended during the pendency of the appeal and as such he has served out the entire sentence since long. The whereabouts of the appellant are not known and as such he could not be served with a notice to prosecute his appeal.
After hearing the learned counsel for the State I find that Mst. Sardar Mai aged about 14 years fully involved the appellant. The medical evidence and the Chemical Report Exh. P. C./1 shows that Mst. Sardar Mai had been subjected to sexual intercourse.
3. The prosecution produced as many as eight witnesses out of whom Mst. Sardar Mai P. W. 1, Din Muhammad .P. W. 2 and Mst. Ghulam Fatima P. W. 5 have deposed that the appellant had committed rape upon the prosecutrix. The appellant denied the incriminating circum stances and stated that he was involved on account of enmity, he produced two witnesses in his defence.
4. I have appreciated the case in accordance with the rules laid down for the appreciation of rape cases. I am convinced that the prosecution has proved its case beyond reasonable doubt and as such there is no merit in the appeal. The same is dismissed. It appears that the petitioner has served out complete sentence no further action is needed.
M. Y. H. Appeal dismissed.
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