' JUSTICE RAJA AFRASIAB KHAN (MEMBER)--- Muhammad Mohsan (19) son of Muhammad Sharif, appellant was tried under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 by the learned Judge Special Court for Speedy Trials, Rawalpindi Division etc. The learned Judge convicted and sentenced the appellant to suffer R.I. For 25 years and whipping of thirty stripes on 30th of April, 1992 for having committed rape upon Mst. Asia (5).
2. Shortly stated, the facts were that one Ranjha husband of Mst. Sakina, complainant used to cultivate the land of Ghulam Mustafa P.W. In Chak No,425/G.B., District Toba Tek Singh. Mst. Sakina and her husband Ranjha also lived in a Dera at the agricultural land of their landlord. On 1-4-1991 at 9-00 a.m. Ranjha went towards the canal in order to graze his cattle while Mst. Sakina Bibi was cutting fodder from a Kinnu garden in Square No,51. At about 9-30 a.m. She heard cries of her daughter Mst. Asia from the Kinnu garden in Killa No,3. She rushed to the place. Ghulam Mustafa and his cousin Muhammad Iqbal also reached the spot on hearing her cries. They were also working in their field near the Kinnu garden. They found that Mst. Asia was lying on the ground and that her Shalwar was removed from her body. Muhammad Mohsan appellant was committing rape upon her and she was crying in pain. On seeing the witnesses, the appellant left the girl and ran away. The victim was lifted by her mother Mst. Sakina Bibi and was brought firstly to the Dera.
She had been waiting for the arrival of her husband Ranjha. However, he did not come. She, therefore, took Mst. Asia to Gojra Hospital. On the way Munir Ahmad A.S.I. (P.W.7) met the complainant party. He recorded the statement Exh.P.C. Of Mst. Sakina complainant and sent it to Police Station City Gojra through Ahmad Din Constable for registration of a case against the accused. Formal F.I.R. Exh.P.C./1 was registered at the police station by Abdul Jabbar Moharrar Head Constable.
3. Munir Ahmad, A.S.I. P.W.7 conducted the investigation of the case. He deposed that Abdul Jabbar, M.H.C. Had been working under him and that he could identify his signatures. On this basis he stated that F.I.R. Exh.P.C./1 was drafted by Abdul Jabbar, M.H.C. He took Mst. Asia alongwith her mother to Civil Hospital Gojra where she was medically examined by the lady doctor. M.L.R. Exh.P.A.
And a sealed envelope containing therein swabs were given by the doctor to the police officer, which he took into possession vide memo. Exh.P.G. Thereafter the police officer visited the spot.
Blood-stained Shalwar P.1 of the victim was produced before him by Mst. Sakina which he took into possession vide memo. Exh.P.D. He also took into possession the bloodstained earth from the spot vide memo. Exh.P.E. He recorded the statements of the prosecution witnesses. The police officer arrested the appellant on 9-4-1991. The appellant was also medically examined by the doctor vide M.L.R. Exh.P.B,
4. The report of the Chemical Examiner, Exh.P.K. Dated 11-4-1991 was in the positive inasmuch as it was opined by him that the Shalwar and earth were stained with blood. He further opined that the Shalwar was stained with semen. These items were sent to Serologist for determination of origin of blood. Similarly the report of the Chemical Examiner Exh.P.L. Dated 10-4-1991 was in the positive. It was opined by him that the vaginal swabs were stained with semen. Vide report Exh.P.M. It was observed by the Serologist that the Shalwar and earth were stained with human blood.
5. Dr. Samiha Zain, Medical Officer, Civil Hospital Gojra (P.W.1) examined Mst. Asia (5) on 1-4-1991.
She stated as follows:- ".... I medically examined her and found her external genitals were swollen. Bleeding was present.
Hymen was ruptured. Perennial tear was present second degree. Three blood-stained vaginal swa bs were taken and sent for chemical examination. She was raped ..."
6. Eye-witness account was furnished by Mst. Sakina Bibi P.W.5 and Ghulam Mustafa P.W.6.
7. The appellant Muhammad Mohsan in his statement under section 342, Cr.P.C. Denied the allegations levelled against him. He deposed that he had been working at the Dera of Ghulam Mustafa P.W. As his servant. He also used to work in his garden and agricultural land. He claimed that Ghulam Mustafa owned some money to him as his outstanding labour charges. He demanded the payment of his pay from Ghulam Mustafa but he refused to pay the same. He issued serious threats to him that in case he again demanded the payment of money, he would be involved in a false case. He added that Ghulam Mustafa is a big landlord of the area and that he entered into a conspiracy with Mst. Sakina complainant and in consequence thereof he was involved in this case falsely. In other words his plea was that this case against him was wholly false.
He stated that as a matter of fact it was Mst. Sakina P.W. Who inflicted injuries on the private parts of Mst. Asia and in that way the aforesaid false case was registered against him with the connivance of the local police. He added that Ghulam Mustafa and Munir Ahmad A.S.I. P.Ws. Were close friends. The appellant thus pleaded his innocence. In support of his plea, the appellant produced Manzoor Ahmad D.W.1, Zafar Iqbal D.W.2, Asghar Ali D.W.3 and Muhammad Sharif D.W.4.
Manzoor Ahmad, D.W.1 stated that the appellant did not commit rape with Mst. Asia and that the case against him was false. Zafar Iqbal, D.W.2 deposed that the appellant Muhammad Mohsan had some money dispute with Ghulam Mustafa P.W. He said that the appellant did not commit Zina with Mst. Asia. Aghar Ali, D.W.3 in his statement disclosed that he approached the Investigating Officer to prove that the appellant was innocent and that he was with him at Faisalabad on the date of occurrence. Muhammad Sharif D.W.4 is the father of the appellant and he substantially supported the plea of his son.
8. Learned counsel for the appellant contended with vehemence that there was absolutely no evidence to connect him with the commission of the crime. He argued that the Shalwar of the victim allegedly stained with blood and semen was not produced by the prosecution witness before the doctor when Mst. Asia was medically examined. He further submitted that there was no trustworthy evidence to corroborate the prosecution version.
9. Learned State counsel argued that the prosecution succeeded to prove its case against the appellant beyond reasonable doubt. He, therefore, defended the conviction and sentence of the appellant.
10. We have heard the learned counsel for the parties at considerable length and have also gone through the entire record. We have been persuaded to believe the statements of Mst. Sakina Bibi P.W.5 and Ghulam Mustafa P.W.6 in support of the case of the prosecution. P.W.5 is the mother of Mst. Asia. She stated that while cutting grass in a field on 1-4-1991 at about 9-30 a.m., she heard the cries of her daughter Mst. Asia from the nearby garden. She rushed to the garden and found the appellant committing rape upon her. This statement was substantially corroborated by Ghulam Mustafa another eye-witness. Ghulam Mustafa, P.W.6 was also working in the nearby field at the time of occurrence. He reached the spot on hearing the cries of the victim. The evidence deposed by Mst. Sakina Bibi and Ghulam Mustafa P.Ws. Was corroborated by the medical evidence of Dr. Samiha Zain. P.W.1. The medical evidence demonstrated beyond any shadow of doubt that the girl was subjected to rape. The doctor found that the hymen of the girl was ruptured. P.W.1 also took three vaginal swa bs and sent them to the Chemical Examiner for their chemical analysis. The report of the Chemical Examiner (Exh.P.L.) shows that the swabs were stained with semen. Thus the report of Chemical Examiner plus the evidence of doctor P.W.1 would wholly corroborate the evidence of Ms. Sakina Bibi and Ghulam Mustafa P.Ws. On the basis of evidence of eye-witnesses coupled with the medical evidence and the opinions of the Chemical Examiner and Serologist vide their reports Exhs.P.K.; P.L. And P.M., we hold that Mst. Asia was subjected to rape by the appellant Muhammad Mohsin on 1-4-1991 in the field of Ghulam Mustafa P.W. There is thus overwhelming evidence against him in the commission of this gruesome crime. This being so, We have heard the learned counsel for the parties at considerable length and have also gone through the entire record. We have been persuaded to believe the statements of Mst. Sakina Bibi P.W.5 and Ghulam Mustafa P.W.6 in support of the case of the prosecution. P.W.5 is the mother of Mst. Asia. She stated that while cutting grass in a field on 1-4-1991 at about 9-30 a.m., she heard the cries of her daughter Mst. Asia from the nearby garden. She rushed to the garden and found the appellant committing rape upon her. This statement was substantially corroborated by Ghulam Mustafa another eye-witness. Ghulam Mustafa, P.W.6 was also working in the nearby field at the time of occurrence. He reached the spot on hearing the cries of the victim. The evidence deposed by Mst.
Sakina Bibi and Ghulam Mustafa P.Ws. Was corroborated by the medical evidence of Dr. Samiha Zain. P.W.1. The medical evidence demonstrated beyond any shadow of doubt that the girl was subjected to rape. The doctor found that the hymen of the girl was ruptured. P.W.1 also took three vaginal swa bs and sent them to the Chemical Examiner for their chemical analysis. The report of the Chemical Examiner (Exh.P.L.) shows that the swabs were stained with semen. Thus the report of Chemical Examiner plus the evidence of doctor P.W.1 would wholly corroborate the evidence of Ms .
Sakina Bibi and Ghulam Mustafa P.Ws. On the basis of evidence of eye-witnesses coupled with the medical evidence and the opinions of the ChemicalExaminer and Serologist vide their reports Exhs.P.K.; P.L. And P.M., we hold that Mst. Asia was subjected to rape by the appellant Muhammad Mohsin on 1-4-1991 in the field of Ghulam Mustafa P.W. There is thus overwhelming evidence against him in the commission of this gruesome crime. This being so, the appellant was rightly convicted under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
However, the sentence so awarded to the appellant is harsh on the face of record. The appellant is a young man of 19 years.
' Keeping in view his age, we reduce the sentence from 25 years to 14 years' R.I. However, the sentence of lashes shall be maintained. With this modification in the sentence, there is no substance in the appeal which is hereby dismissed.
Sentence reduced.