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Criminal Jail Appeal No. J‑112 of 1986, decided on 18th November, 1986.

‑‑‑Ss. 315 & 376‑‑Evidence, appreciation of‑‑Accused committing rape by show of knife and on appearance of sign of pregnancy getting victim girl treated by a lady doctor‑ ‑Prosecutrix fully corroborated by complainant and other prosecution witnesses, including accused's own wife, whose statement remaining unchallenged‑‑Conviction and sentence maintained, in circumstances.

Akhlaque Ahmed Siddique for the State.

Date of hearing: 18th November, 1986.

The appellant has been convicted under sections 376 and 315 P.P.C. by the learned IIIrd Additional Sessions Judge (West), Karachi by the judgment, dated 20‑4‑1986 and sentenced to R.I. for four years and a fine of Rs.500 for offence under section 376, P.P.C. and three years R.I. and fine of Rs.500 under section 315, P.P.C. It was directed that in both cases the accused shall suffer further R.I. for six months in default of payment of fine. It was further directed that both sentences shall run concurrently and the accused shall be given benefit of section 382‑B, Cr.P.C. The accused has filed this appeal from the Jail.

2. The facts of the case briefly are that accused was married to one Fahmida who had a sister namely Zubeda. Zubaida had a daughter namely Shahida from her previous husband. On 28‑7‑1975 Jameel brother of Mst. Fahmida and Zubeda went to the Police Station, New Karachi and lodged report that 6‑7 years ago husband of Zubaida had died and from that husband she had a daughter namely Shahida aged about 15‑16 years. Zubeda contacted second marriage with Fayaz and started living with him. Shahida used to come to the house of Fahmida. On the day of report on return from duty the complainant learnt that Shahida was ill, whereupon he went to the house of Zubaida and enquired about the ailment of Shahida. Shahida was weeping. On enquiry from her she told that about 3 months ago the appellant Suleman had come at about 9‑30 p.m. and asked Shahida to go to his house because Fahmida was calling her. She went to the house of Fahmida but did not find her and meanwhile Suleman closed the door from inside and showed the knife to her and under the threat of knife committed rape upon her. She was told that if she tells this to any body she would be killed. Thereafter, the signs of pregnancy started showing whereupon on 26‑7‑1975 Suleman took her to a lady doctor at Orangi Town. The lady doctor treated her. Suleman brought her and left her at the house telling her that she should not disclose it to any body. The report was recorded by A.S.I.P. Azizullah. Dr. Hameeda Qureshi examined the victim and gave the opinion. that Shahida was used to sexual intercourse. After usual investigation the accused was sent up to face trial.

3. The prosecution examined Jamil Ahmad first informant, Shahida, doctor Surriya, Zubaida, Fahmida and A.S.I.P. Nasir Ahmad. The accused in his statement under section 342, Cr. P.C. denied the allegation. The case against the appellant rests on the ocular testimony of P.Ws. Shahida corroborated by the complainant and P.Ws. Zubaida and Fahmida. All the witnesses are consistent in their deposition. Mst. Shahida has given the entire facts. She became pregnant, therefore, the case against the accused stands established. His own wife has appeared against him and he has not cross‑examined her. The prosecution has been able to prove the case against the appellant. In the circumstances the appellant was rightly convicted. The sentence in the circumstances of the case is not severe. There is no force in this appeal. The same stands dismissed.

S. G. D.(5107/K) Appeal dismissed.

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