Consensual intercourse does not fall within the definition of rape rather it is a case of fornication in terms of offence under section 496-B, PPC. Moreover, in case of fornication cognizance can only be taken upon the complaint in the light of section 203-C, Cr.P.C. and not otherwise. It is held that police report cannot be termed as a complaint. Conviction awarded by learned trial court under section 376, PPC is set aside while declaring the proceedings as coram non judice.
Crl. Appeal-395-21
MUHAMMAD SALEEM VS STATE ETC
Mr. Justice Muhammad Tariq Nadeem
25-10-2023
2023 LHC 6139
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