IFTIKHAR ALI vs State Ss — 2022 PCrLJ 1396 LAHORE-HIGH-COURT-LAHORE

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IFTIKHAR ALI VS State Ss. 376 & 506---Rape, criminal intimidation---Appreciation of evidence---Medical evidence---Scope---Accused was charged for committing rape with the daughters of complainant and intimidating with dire consequences if his misdeeds were reported to anyone---Medical evidence in that case was furnished by Medical Officer who examined the victim of rape---So far as one victim was concerned, the Medical Officer observed slight redness of vagina, anus and opined about hymen as ruptured---Case of other victim was no different and according to Medical Officer, her hymen was not intact rather ruptured, old torn and found vagina loose due to multiple attempts---From the symptoms so observed by Medical Officer it could inevitably be held that both the girls were subjected to rape and as a necessary corollary, their depositions rang true---During medical examination of victims vaginal and anal swabs were taken which along with their clothes later were forwarded to Forensic Science Agency for DNA analysis---In-depth perusal of DNA report unfolded that from the trouser and shirt of a victim, the semen stains were detected which matched with the DNA profile of the accused---Though the internal and external vaginal swabs were not found to have some semen stains but it was quite natural as the accused must have resorted to safe sex, realizing the consequences of conceiving the pregnancy---Sexual mutilation of both the girls was satisfactorily proved from their confidence inspiring depositions and supporting medical evidence, according to which their hymens were found ruptured---Circumstances established that the prosecution had proved its case against the accused without any shadow of doubt--- Appeal was dismissed accordingly.

IFTIKHAR ALI vs State Ss — 2022 PCrLJ 1396 LAHORE-HIGH-COURT-LAHORE

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