Shaukat Ali alias Shauka, Baig alias Kaku and Muhammad lqbal alias Baia, residents of Chak No. 451/G. B. Police Station, Samundari, District Faisalabad, were tried under section 376, P. P. C. By Syed Anwar Hussain, Magistrate Section 30, Faisalabad, who, by his judgment dated 30th April, 1981, convicted them on the said charge and sentenced them to rigorous imprisonment for five years each. They have appealed.
2.. The prosecution version as contained in the F. I. R. Is that on 11th. June, 1977 Mst. Shahida, aged 14/15,years, went to the field of Muhammad Ali of her village for cutting grass. At about 10 or 11 a. m.
She was cutting grass from the sugarcane field when the three appellants passed that side. On seeing her, they entered the sugarcane field and committed rape with her, one after the other. Due to fear she could not raise alarm. Ghulam Mustafa and Nawab Din passed by that side just by chance when Kaku appellant was ravishing her. On seeing them, all the three tied away from the spot. Mst. Shahida went to her house and narrated the occurrence to her relatives. The appellants who are influential Zamindars of the village, persuaded her relatives to have a compromise, but they did not agree. On 13th June, 1977 Mst. Shahida got herself medically examined. On 14th June, 1977 she went to Police Station. Samundari and reported the occurrence to Jan Muhammad Muharrir Head Constable, at 2 p. m. Vide F. I. R. Exh. P. B.
3. Muhammad Nawaz A. S. I., investigated this case. On 14th June, 1977 he took shalwar (Exh. P. 1) of Mst. Shahida into his possession and made it into a sealed parcel vide memo. Exh. P. A. He arrested the appellants and got them medically examined. After the investigation, they were challaned.
On 13th June, 1977 Mst. Shahida was medically examined by Dr. Nafees Akhtar, W. M. O., D. H. Q.
Hospital, Lyallpur (now Faisalabad). Her hymen was broken and there was redness at 6 o'clock position. There was, however, no contusion on the sides of the thighs. The lady doctor took two vaginal swa bs for "confirmation of rape".
The vaginal swa bs and the shalwar of the prosecutrix were taken to the Chemical Examiner for chemical analysis. His report Exh. P. H. Is to the effect that the shalwar was stained with semen. The report regard--ing the result of swa bs was not produced in the trial Court.
5. At the trial Mst. Shahida supported the prosecution version of the occurrence. Ghulam Mustafa who is cited as an eye-witness of the occur--rence, did not support the prosecution version and was declared hostile. Another eye-witness, namely, Nawab Din, was given up by the prosecution as having been won over by the accused.
6. The appellants pleaded not guilty to the charge and contended that they had been falsely implicated due to enmity.
7. After considering the evidence on the record, the learned trial Magistrate observed that Mst.
Shahida had no motive to involve innocent persons and her statement was corroborated by the medical evidence. He, therefore, convicted and sentenced the appellants as men--tioned above.
8. The learned counsel for the appellants contends that there is inordinate delay in lodging the F. I.
R. For which no explanation has been offered at the trial ; there is a conflict in the medical evidence and the statement of the prosecutrix.; the prosecution version of the occurrence is highly improbable ; the report of the Chemical Examiner regarding the result of vaginal swabs has been withheld ; the prosecutrix made an attempt at the trial to substitute the eye-witnesses ; and it is established on the record that Rafiq, brother of the prosecutrix, is a domestic servant of one Ashraf who is inimical towards the appellants. On the basis of these contentions he submits that the prosecution has not been able to bring home the charge to the appellants beyond a reasonable doubt. The learned State counsel finds it difficult to support the judgment of the trial Court. He submits that the version given by the prosecutrix is improbable and is not supported by the medical evidence.
9. As many as three persons are alleged to have committed rape with the Prosecutrix in a sugarcane field. She stated that each of the accused continued for fifteen minutes. I find sufficient force in the contention that in an occurrence of the type lasting for about forty-five minutes, the Prosecutrix was most likely to suffer scratches, etc. On her back and other parts of the body. In fact the prosecutrix stated that during the occurrence she received abrasions on her back, buttocks, legs and had show the same to the Medical. Officer. The medical evidence, however, belies this version. There is nothing in the medico-legal report to show that she had any abrasion on the parts of her body referred to by her in her statement. According to the lady doctor, there was no contusion on the sides of the thighs.
10. The evidence regarding the recovery of semen-stained shalwar is also unsatisfactory.
According to recovery memo., Exh. P. A. It was pro--duced before the Sub-Inspector by the prosecutrix, namely, Mst. Shahida. Mst. Shahida, however, stated that after the medical examination she handed over the semen-stained shalwar to her father which he produced before the police. Then she took a somersault and came up with the version that the said shalwar had been handed over to the doctor since the evidence of recovery of shalwar is unsatisfactory, the report of the Chemical Examiner (Exh. P. H.) that it was stained with semen, is of no avail to-the prosecution. It is important to note that vaginal swabs were taken and sent to the Chemical Examiner but his report has been withheld by the prosecution.
11. The statement of Abdur Rehman (P. W. 1) shows that there is party fraction in the village ; one group is headed by one Ashraf and the other by one Hameed and the appellants belong to the party of aforesaid Hameed. Abdur Rehman and Mst. Shahida admitted that Rafiq, brother of Shahida, is a servant of aforesaid Ashraf. Abdur Rehman (P. W. 1) further admitted that Ghulam Rasul, husband of the sister of Ashraf, is complainant in a murder case in which lqbal alias Bala appellant and his brothers have been challaned. He further admitted that a case under section 307, P. P. C. Was registered against aforesaid Ashraf for assaulting the mother of Iqbal appellant.
The statement of Mst. Shahida shows that Ashraf took prominent part in the investigation of the case. She admitted that her brother and Ashraf had a talk with the police and it was he who brought the police to the village. In the circumstances, the evidence of Mst. Shahida would require corroboration from an unimpeachable source, particularly when I find that at the trial she tried to make improvements in material aspects. She stated that the appellants dragged her into the sugarcane field ; Iqbal appellant advanced a threat that he would kill her if she raised alarm and that Musa and Babu had seen the occurrence. She was confronted with the F. I. R. Wherein it was not so recorded. No corroborative evidence is available in this case and I consider it unsafe to maintain the conviction of the appellants on the uncorroborated solitary statement of the prosecutrix.
12. For the foregoing reasons, I allow this appeal, set aside the con--viction and sentence of the appellants and acquit them of the charge by giving them the benefit of doubt. They shall be set at liberty forthwith if not required to be detained in any other case.