Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 10(3),10(2)

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----Ss. 10(3) & 10(2)---Appreciation of evidence---Complainant and the victim girl had no enmity, motive or any other malice against the accused for his false implication in the case---Statement of the victim regarding her having been subjected to sexual intercourse was supported by medical report---Vaginal swabs of the victim were found stained with semen--¬Victim girl did not appear before the Investigating Officer for more than six days and no marks of violence were found on any part of her body--¬No weapon was recovered from the accused---Cumulative effect of the said facts and circumstances could lead to the only inference that the victim was a consenting party to the commission of Zina and she having attained puberty was adult within the meaning of S.2(a) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979---Conviction of accused under S.10(3) of the said Ordinance was consequently altered to S.10(2) thereof and his sentence was reduced to the imprisonment already undergone by him in ,circumstances which was more than two years--¬, Appeal was disposed of accordingly. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)----- ---Ss. 10(3) & 10(2)---Appreciation of evidence---Police opinion--¬Opinion of police is neither binding on the Court nor the same can be treated as evidence, however it may be considered as one of the circumstances in support of the observation or examination carried out by the Experts such as Medical Officer and Chemical Examiner. THIS JUDGMENT DELIVERED BY: ZAFAR PASHA CHAUDHARY, JUSTICE:---.--- Appellant Muhammad Asghar was sent up to face trial in the Court of Ch. Abdul Hafeez, Additional Sessions Judge, Nankana Sahib in a Complaint Case No. 143 of 1999 under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as the Ordinance). The learned Judge on holding him guilty under section. 10(3) of the Ordinance sentenced him to undergo R.I. for ten years. According to learned Judge, lenient view was taken because the accused was a young boy and was not a previous convict. 2. The…

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