' Muhammad Shafi appellant aged 25 years son of Muhammad Ibrahim resident of Balowali, Police Station, Qila Sobha Singh, Tehsil Narowal, District Sialkot, was tried under section 376/392, P. P. C. By Mr. A. R. Sharif, Magistrate Section 30, Narowal and sentenced to 7 years' R. I. And a fine of Rs, 1,000 or in default to under go 6 months R. I. Further and two years' R. I. And a fine of Rs, 500 or in default 3 months' R. I. Further respectively, vide judgment dated 31-7-75. It was also directed that both the sentences were to run concurrently and Rs, 1,000 out of fine if recovered was to be paid to Mst.
Sakina Bibi as compensation. The convict has filed this appeal against his conviction and sentence.
2. Briefly the prosecution case is that Mst. Rasoolan Bibi sister of Mst. Sakina Bibi prosecutrix resided in Narowal and had sent a message to her mother demanding Rs, 500. Ismail P. W. 5 her brother and Eida her father gave Rs, 500 to Ms- Sakina for handing over to Mst. Rasoolan Bibi at Narowal.
Mit. Sakina tied this amount with her azarband and proceeded to Kalas Goraya Railway Station and reaching there contacted the Station Master about the next train for Narowal who informed her that the train was coming late so she set out for Narowal on foot. On the way Muhammad Ashraf P.
W. Met her who advised her not to proceed during the night as it was unsafe. She also told Ashraf P.
W. That he should go and fetch his relation Muhammad Sharif of Kalas Goraya so that she could accompany him. In the meantime Muhammad Shafi accused came there and caught hold of her by arm and asked her to surrender the belongings. The accused took out a knife and threatened her to kill if she raised alarm. Muhammad Sharif P. W. 7 arrived near the spot and told the accused to release her but the accused replied that he would not spare until her guardian arrived.
Muhammad Sharif P. W. Then left to bring her parents and later on the accused took Mst. Sakina to a nearby field and committed sexual intercourse with her against her will and also snatched Rs, 500 from her. Later on accused took Mst. Sakina to the quarter of Allah Ditta Gagman P. W. 4 where she was kept and at about 8 p. m. Ashraf, Sharif and Ismail her brother, Naurang Khan P. Ws. And some others came there. The accused then ran away and Mst. Sakina was handed over to the P.
Ws. And she narrated the occurrence to them and in the morning she left for Police Station and on the way met Ahmad Hussain A. S. I. P. W. 10 who recorded the statement Exh. P. A. And the formal F. I.
R. Exh. PA/1 was drafted at Police Station, Narowal on 19-7-70 at 2-15 p. m.
3. Lady Doctor Mumtaz Akhtar Dhudi P. W. 3 on 19-7-70 at 6-30 p. m. Examined Mst. Sakina alias Rakho daughter of Eida. There were no marks of injuries or violence on her private parts or other parts of the body. There was marks of teeth on her right cheek. No signs of inflamation were present on her vulva. Hymen was elastic all over and torn out. Vagina admitted two fingers easily.
No pain P/V examination. Vagina was not inflamed. No bleeding P/V. Two vaginal swabs were taken and sent to the Chemical Examiner for examination. Hymen was torn all over. It may be mentioned here that in cross-examination Doctor admitted that it is possible that Mst. Sakina was used to sexual intercourse because her vagina admitted two fingers easily at the time of examination.
4. The accused pleaded not guilty and stated that one Barkat of Kalas Goraya is inimical towards him and he has falsely implicated him in this case. He examined three witnesses in defence, namely Allah Ditta Ex-Station Master Kalas Goraya D. W. 1, Saeed Muhammad D. W. 2 and Bashir Ahmad D. W.
3. D. W. 1 has stated that Mst. Sakina prosecutrix came to the Railway Station at about 7 p. m. And he told her that no train was to stop at the Railway Station for Narowal and he accomodated the prosecutrix in the quarter of Allah Ditta Gangman and sent for her parents who came and took her away. Saeed Muhammad D. W. 2 accompanied the father of the prosecutrix when she was recovered and stated that the prosecutrix told her relations that no untoward incident had happened. Same is the testimony of Bashir Ahmad D. W.
3.
5. I have heard the learned counsel for the appellant and also State Counsel and have gone through the evidence on the record. The trial Court has relied on the statement of Mst. Sakina P. W.
1, Ismail P. W. 5 and Sharif P. W.
7. Mst. Sakina P. W. In her examination-In-chief has supported the prosecution case and this statement was recorded on 17-5-71 when the cross-examination was reserved and she was cross- examined on 5-6-75 wherein she has stated that it was dark and she could not recognize the accused who had committed rape with her and also snatched money. There are authorities on the point that when a witness who has indulged in self-contradictions, saying in examination-in-chief that she had seen the accused clearly but adding in cross-examination that it was dark and she could not identify the accused was basically a dishonest witness and was giving evidence with motive other than stating the truth. Such a witness version in examination-in-chief was not necessarily wholly true. The doubt attaching to his evidence could not be satisfactorily resolved by the bare suggestion that she was won over. With regard to the other witnesses. Namely Ismail P. W.
5 who is brother of the prosecutrix, and Sharif P. W. 7 a relation who have been relied upon by the trial Court. It may be stated that in a case of rape where the evidence and condition of the prosecutrix form the only evidence that the Court has to go upon, it is necessary in order to sustain a conviction that it should at least be found that the woman's statement is in accordance with all the probabilities and has all appearances of having been made honestly.
6. In a case of this kind it is very necessary that before finding the accused person guilty of rape, the Court should satisfy that the woman's story is corroborated either by circumstantial evidence connecting the accused persons with the crime, on at least by some circumstances connected with the woman which would serve by itself to show that her story of forcible intercourse is true. The mere fact of the story having been told to a number of relations shortly after the occurrence is insufficient corroboration. Equally, the fact of the story having been communicated by the relations to other neighbours and later to the authorities is by no means sufficient corroboration.
7. Even according to the medical examination of the prosecutrix it is quite clear that she is a woman of easy virtues for having sexual intercourse with many persons. If she had resisted at the time of rape then some marks of violence should have been found on her person. The evidence to that effect is lacking. Lastly I may mention Ex-Station Master Atta Ullah D W. 1 had no reason to depose in favour of the appellant and he has clearly stated that he along with other persons of village Kalas Goraya remained in the quarter of Allah Ditta Gangman. It may also be stated before that Allah Ditta Gangman, Naurang Khan P. W. 6 and Muhammad Ashraf P. W. 11 were cross- examined by the P. T. After they had been declared hostile.
8. Upshot of the discussion is that the prosecution case against the appellant is highly doubtful. I, therefore, allow this appeal and set aside conviction and sentence of the appellant and acquit him.
The sentence of fine if realized shall be refunded to the appellant, The appellant be released forthwith if not required in any other case. .