' NAZIR AHMAD BHATTI, J.--- Appellant Muhammad Boota has been convicted by Additional Sessions Judge, Pakpattan Sharif under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced to undergo rigorous imprisonment for 10 years and to suffer 30 stripes. By the appeal in hand the appellant has challenged his conviction and sentence.
2. Complainant Biban Rani, aged about 10/11 years, unmarried daughter of Ghulam Farid had gone to the fields on 14-8-1990 to bring fodder. When she was busy cutting fodder in the field at about 6- 00 p.m. Appellant Muhammad Boota went there and started forcing her to have sexual intercourse with him. Upon her refusal he beat her with fists and then forcibly opened her trouser string and made her to lie on the ground and then subjected her to rape. She raised alarm whereupon the appellant gave tooth bites on her cheeks and neck. Upon her alarm her father and Abdul Shakoor were attracted to the spot and on seeing them the appellant fled away. The complainant submitted a written report of the occurrence in Police Station Saddar, Pakpattan Shard on 15-8- 1990 at noon time. On the same day she was examined by P.W.5 Lady Dr. Salma Iqbal and the following injuries were found on her person:-- "(1) A swelling on left upper eye lid 4 c.m. x 1-1/2 c.m.
(2) A swelling on left lower eye lid 4-1/2 c.m. x 3 c.m.
(3) A healing circular bruise diameter 2.8 c.m. With prominent teeth mark, probably five teeth marks on right side of face.
(4) A small healing bruise 1 c.m. x 1/2 c.m. On right cheek.
(5) A small laceration 1/2 x 1/2 c.m. On chin.
(6) A small healing abrasion 4 c.m. x 1/2 c.m. On front of neck."
' The lady doctor also found her hymen torn laterally and posteriorly with margins swelling and bleeding on touch. The lady doctor also found that her vagina admitted 2 fingers with difficulty. The lady doctor took 2 viginal swa bs which were found stained with semen by the Chemical Examiner.
In cross-examination the lady doctor further stated that injuries Nos.1 and 2 could be the result of fall and injuries Nos.5 and 6 could also be the result of fall or an accident. The lady doctor further stated that when she examined the complainant she had been bleeding on touch.
3. Appearing as P.W.1, complainant Mst. Biban Rani again repeated the same charge against the appellant as had been disclosed by her in the written report submitted iii the police station. She stated that the appellant came in the filed where she was cutting fodder and asked her to have sexual intercourse with him but on her refusal he unfastened the string of her Shalwar and asked her to lie down, that he gave two fist blows one on the neck and the other on her chest and he also gave teeth bites on her both cheeks and then committed Zina with her.
4. In rebuttal there is only solitary statement of the appellant wherein he simply denied the commission of the offence and further stated that he had been falsely implicated because of enmity with father of the complainant and with the connivance of the police. He neither produced any defence nor made any deposition on oath.
5. Complainant Mst. Biban Rani was an unmarried girl. She was medically examined after one day of the occurrence and her hymen was found torn freshly as the margins were swollen and bleeding on touch, also vagina admitted 2 fingers with difficulty. The vaginal swabs were also found stained with semen. This all would show that the complainant was subjected to sexual intercourse for the first time on the day Of occurrence. She had directly charged the appellant for subjecting her to rape. There is no rebuttal of that charge forthcoming from the appellant. His simple denial of the commission of the offence and that also without oath would not be suffient to disprove the charge levelled against him by the complainant. Not only that, the other injuries caused to the complainant besides the rape would also show that she had offered resistance and those injuries were sustained by her during that process.
6. The learned counsel for the appellant stated that there was a considerable delay in making the report and the matter had become doubtful. We have considered this aspect of the matter very anxiously but we are unable to agree with the contention of the learned counsel. The medical evidence clearly showed that the complainant had been subjected to Zina for the first time on the day of occurrence and she had clearly charged the appellant for committing rape. There was neither any previous enmity between the parties nor was there any matter of grudge against the appellant for falsely charging him. As such delay per se had caused no prejudice to the appellant or any undue benefit to the complainant.
7. The learned counsel further contended that the Shalwar of the victim had not been sent to the Chemical Examiner. It would not make any difference for the reason that the Shalwar had been removed at the time of occurrence. Even otherwise the vaginal swabs proved the presence of semen. So, the contention is immaterial.
8. In the same context the learned counsel for the appellant contended that injury No,3 alleged to be a tooth bite was found healing by the lady doctor which would show that it could not have been caused during the occurrence. We have considered this matter very anxiously. The complainant was examined by the lady doctor on the next day and the opinion of the latter was that it was a healing circular bruise which would show that it was in the process of healing. Obviously many injuries start healing short time after they have been inflicted and it cannot be said that those injuries had been caused much before the time as may be alleged in the complaint.
9. The learned counsel for the appellant further contended that P.W.2 Ghulam Farid father of the complainant and P.W.4 Abdul Shakoor were interested witnesses. Although the said witnesses arc related to the complainant but in rape cases the testimony of the victim and the medical examination are important pieces of evidence and conviction can be based on the solitary statement of the victim if it is corroborated and supported by the medical evidence. In the case in hand the prosecutrix had clearly and definitely charged the appellant for the offence of Zina-bil- Jabr and even if there was no other evidence the conviction could have been sustained as it was corroborated by the medical evidence.
10. For the aforesaid reasons we have arrived at the conclusion that the appellant had subjected complainant Biban Rani to Zina-bil-Jabr and the offence had been proved beyond any doubt whatsoever. The appeal is dismissed.
11. A Suo Motu Notice No,52/L of 1992 for enhancement of sentence was also issued to the appellant.
Since the matter of sentence is of discretion to the trial Court we are not inclined to interfere with it and the suo motu notice is discharged accordingly.