The medical evidence about the commission of rape is inconsonance with the prosecution version at this stage, thus, created a fair account of doubt and inquisitiveness, the case against accused had necessitated further inquiry as contemplated under Section 497(2) Cr.P.C.

8. According to prosecution’s case Mst.Zarina Bibi was virgin at the time of alleged occurrence but according to the report of lady doctor hymen of the victim was not intact and old healed. It has further been noticed that no opinion regarding the commission of rape with the victim was given by the lady doctor after her medical examination. It is also important to mention here that at the time of medical examination, the alleged victim has not mentioned the name of assailants rather he mentioned them as unknown while furnishing history to the lady doctor. The medical evidence about the commission of rape is inconsonance with the prosecution version at this stage, thus, created a fair account of doubt and inquisitiveness, the case against accused had necessitated further inquiry as contemplated under Section 497(2) Cr.P.C. Reliance be made upon Hazar Khan alias Hazaro v. The State (2003 P.Cr.L.J. 33 Karachi), Noor Samad v. The State and another (2001 MLD 730), Hazoor Bux v. The State (2006 P.Cr.L.J. 1039 Karachi) and Qari Nazeer and 2 others v. The State (2003 P.Cr.L.J. 884 Karachi). The DNA (De-Oxy Ribonucleic Acid) is mandatory in rape cases but in this case the report of DNA test is still awaited. Reliance be made upon Salman Akram Raja and another v. Government of Punjab through Chief Secretary, and other (2013 SCMR 203).

 Part of judgment 

IN THE LAHORE HIGH COURT, BAHAWALPUR BENCH, BAHAWALPUR

Criminal Miscellaneous (Bails)
1603-B-15

2015 LHC 6646