PLD 2009 SC 542
375/376 PPC ''''''''' 497 Cr PC .SC
............MLR showed that prosecutrix is 18 years of age.....her hymen was torn at multiple places .....which bled on touch ...vigina had admitted two fingers but tightly and painfully....which showed she is maiden victim of intercourse.....
.............on the other hand police submitted challan putting accused in column 2 and recommended discharge....but magistrate disagreed
,,,,,,,,,,,,,,,,,,FSL report showed that semen swabs obtains from vigina do not match with that of accused's profile.....
............SC refused Bail pouring burden on FSL expert ......
..........ratio decidendi.....medical evidence is just corroborative and supportive ....medical evidence determined offence not offender.....oculer account consistent ......substitution of accused beyond comprehension........two fingers test support victim.......she is not used to.......fresh veginal ruptures......all that corroborate prosecution version.
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