1. ' ABDUL KADIR SHAIKH, J.-Haji Ahmad son of Qadir Bakhsh, petitioner herein, was convicted by Magistrate, Its Class, Bahawalpur, under section 376, P.P.C. And sentenced to 3i years' R.I, and to pay Rs, 500 in default to further undergo six months' R.I. For having committed rape on his stepdaughter, Mst. Sardar Khatoon, aged 12/13 years, in his own house. The conviction and the sentence have been upheld by the Sessions Judge, Bahawalpur and the Lahore High Court on appeal and revision application by the convict. All the three Courts believed the testimony of the prosecutor which was supported by the medical evidence that she was subjected to rape.
2. In support of this petition for special leave to appeal, learned counsel submitted that the prosecution case stands falsified by the medical evidence which shows that no mark of injury or violence was found on the person of the prosecutrix. We find that learned Single Judge in the High Court has already appreciated this aspect of the case. According to him "this would not imply that she had not been raped by the petitioner. A perusal of the Medico-legal Report Exh. P.D. Clearly reveals that Mst. Sardar Khatoon had been raped. The lady doctor stated that tears on lateral margins bleed on touch. The lady doctor sent vaginal swabs to the Chemical Examiner, who found these stained with semen. The report of Chemical Examiner is Exh. P.C. It is not possible to believe that a young girl 12/13 years of age wanted to falsely implicate her step-father in a case of this type."
3. ' We whole-heartedly agree with these conclusions. According to Mst. Sardar Khatoon, her step- father threatened her with death in case she raised an alarm and committed rape on her after gagging her mouth with a piece of cloth. The prosecutrix, a young girl of 12/13 years, was thus overpowered by the petitioner, her step-father, and she found herself too helpless to offer any resistance. This conclusion finds support from the fact that she was found lying unconscious by her mother Mst. Allah Wasai who returned to the house soon after the occurrence.
4. ' There is no merit in this petition. It is, therefore, dismissed.