P (PLP)

Confessions ought to be read in their entirety in the absence of any evidence to show that any part of them is untrue. P. L. D. 1950 B. J. 67 and A. I. R' 1930 Lah. 269 relied on. (b) Penal Code (XLV of 1860), Ss. 97, 100 thirdly‑Private defence‑Deceased committing rape‑Accused inflicted injuries on deceased which proved fatal‑Case falls under S. 100: thirdly. The deceased was actually committing rape and did not desist from his act even ‑when he was asked to do so. In these circum stances the appellant's case was covered by section 100, thirdly Pakistan Penal Code. A. I. R. 1934 Lah. 620, 30 Cr. L. J. 1905 and A. I. R. 1933 All. 213 ref. ABDUL AZIZ, C. J.‑Mst. Fazlan is the mother and Mst. Fatima and Rashidan are the sisters of Akbar deceased. It is alleged that on the night of 13th of November 1949 Mst. Fazlan, Fatima and Rashidan were sleeping in one kotha and Akbar in the other. He crept into the kotha occupied by his mother and two sisters and took lust. Rashidan his sister into his kotha and commenced to commit rape on her. Her cries attracted Mst. Fatima her sister and Mst. Fazlan her mother, who attacked Akbar with dangs and caused serious injuries on his person while his testicles were twisted by Rashidan. He died on the following day of those injuries. Mst. Fazlan informed Peer Bakhsh lambardar of the village P. W. 9 who reported the matter to the police on 15th November 1949. As a result of the investigation all the three women were challaned and were tried under section 302 Indian Penal Code by the Sessions Judge Bahawalpur, who recorded their con viction under the aforesaid section and sentenced each of them to transportation for life. This is a joint appeal by the convicts. Except the confessions of these accused to which they adhered in the Court of the Committing Magistrate and before the Sessions judge there is no eye witness in this case. The confessions ought to be read in their entirety in the absence of any evidence to show that any part of them is untrue. See a judgment of this Court Ahmoo v. Crown, P. L. D. 1950 B. J. 67 in which it was held that the confession should be read as a whole. See also 1930 L.

269. The confession of 'all the three accused establish beyond doubt that the deceased was committing rape on his sister Rashidan when he was attacked, injured and killed by his mother Mst. Fazlan and sister Mst. Fatima. Rashidan also had taken part in causing injury to the testicles of the deceased. It is said that the medical witness could not detect any injury on the testicles of the deceased. Injury may not have been caused to the extent of being visible to the medical witness but the person who actually caused the injury makes the statement to that effect. It may have been a minor one which had not left any mark on the testicles. This action of Mst. Rashidan coupled with her hue and cry proves unmis takably that rape was being committed on her. The confession of the other two women is that they attacked and killed Akbar when he was actually committing rape on her sister, and when he was asked to refrain from this nefarious act he refused to listen to them We have no ground therefore to disbelieve what the women had stated and once we accept it, their' case falls within section 100 thirdly of the Pakistan Penal Code. On the authority of A. I. R. 1933 All. 213 and 30 Cr. B. J. 1905, it is observed on 222 of Law of Crimes by Ratan Lal 17th Edn. that where the husband and other relations of a girl assaul ted a man while he was in the vary act of violating her. It was held that they were justified under this clause. In 1934 L. 620 the case of the accused was brought under section 100 thirdly of the Penal Code who had caused the death of a person who had only attempted to commit rape on the wife of the accused. It was observed by the leached judge that the right of private defence of the body of his wife extended to the voluntary causing of death if the offence which occasioned the exercise of the right was an assault with the inten tion of committing rape. In the present case as already stated the deceased was actually committing rape and did not desist from his act even when he was asked to do so. In these circumstances we have no alternative but to hold that the appellants deserved acquit tal and not conviction. The Crown counsel also agrees with our view. The appeal is therefore accepted. The conviction and the sentence of the appellants are set aside and they are acquitted. They shall be released forthwith if not wanted in any other case. K. M. A./ A. H. Appeal accepted.