MUHAMMAD IMRAN vs State Ss — 2025 PLD 662 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD IMRAN VS State Ss. 376, 449 & 496-B---Rape, trespassing and fornication---Re-appraisal of evidence---Converting of offence---Absence of resistance marks---Accused was convicted by Trial Court for commission of rape with complainant and was sentenced to imprisonment of ten years---High Court maintained conviction and sentence awarded by Trial Court---Validity---Accused was empty handed at the time of occurrence---Female who was not a consenting party would offer very strong resistance in a case of attempt to commit rape with her by a male---No mark of violence was noted on the entire body of complainant by Medical Officer at the time of her medical examination---Allegation of forcibly removing clothes (shalwar) of complainant was not corroborated with recovery of any torn clothes of complainant, who was a consenting party---Ingredients of offence of rape punishable under section 376, P.P.C. were not attracted, rather it was a case of fornication (zina with consent) punishable under section 496-B, P.P.C.---On determining it to be a case of fornication punishable under section 496-B, P.P.C., the complainant was also liable to be proceeded against and punished as accused of the offence of illicit intercourse with consent but she was not challaned by police and no charge of fornication under section 496-B,P.P.C. was framed against her by Trial Court, therefore, she had no opportunity to defend herself---Supreme Court did not find it appropriate to punish the complainant without providing her opportunity of defence---Supreme Court set aside conviction and sentence awarded to accused under section 376, P.P.C. and convicted him under section 496-B, P.P.C., sentencing him to imprisonment for five years---Appeal was allowed accordingly.

MUHAMMAD IMRAN vs State Ss — 2025 PLD 662 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 PLD