Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

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

Section: 10/16

Criminal Procedure Code (V of 1898) 
 
 S. 497(2) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10/16 Bail No eye witness was available in respect of the allegations levelled in the F.I.R. Genuineness of the Nikahnama of lady accused and her co accused was yet to be determined by the Trial Court ¬Lady accused had already been granted bail by the Trial Court No direct evidence of Zina against the accused was available who had been involved on the basis of the statement of co accused Case of accused, in circumstances, needed further inquiry as envisaged by S.497(2), Cr.P.C. Accused was admitted to bail accordingly.
 
Mst. Robina Shamim v. The State 1986 PCr.LJ 1588, Muhammad Zahid and another v. The State 1993 PCr.LJ 963 and Mst. Yasmeen and another v. The State 1993 PCr.LJ 2371 ref.
 
Shaikh Amanullah for Applicant.
 
Mumtaz Ali Siddiqui for the State.

ORDER

Applicant Shaman is facing trial in the Court of Additional Sessions Judge (Hudood), Sukkur in Crime No.50 of 2000 for an offence under sections 10 and 16, Offences of Zina (Enforcement of Hudood) Ordinance, 1979. The F.I.R. of the incident was lodged on 14 9 2000 by A.S. I. Gul Hassan of Police Station, Kandhra. The contents of F.I.R. are reproduced as under in extenso:

‘Sir, on behalf of State complaint is that today I alongwith staff H.C. Mir Ahmed Soomro, P.C. Lutf Ali Lashari, P.C. Mukhtiar Ahmed Phulpoto in uniform and being armed and lady constable Suraya, in Government vehicle driven by H.C. Shah Bux, vide Roznamcha entry, dated 14 9 2000 left the police station for patrolling the area. While patrolling the different areas, when at about 7 10 we reached near Link Road Shah Shakar Ganj, where we received spy information that a man and woman have been residing in the house of Shaman Shaikh for 6/7 days, who have come from Karachi. Shaman Shaikh and person came from Karachi commit Zina with a lady. On receipt of such information, I alongwith staff departed from there in Government vehicle and at about 7 35 hours reached at Arore near the house of Shaman Shaikh and saw that two men and woman came out from the house of Shaman Shaikh and were going. We police party instantly stopped the vehicle and apprehended both men and woman and enquired their names and addresses. On enquiry one man disclosed his name Muhammad Zahid son of Rana Badaruddin resident Quaid e Azam Colony, Gulshan e Iqbal, Karachi 3 and other person disclosed his name Shaman son of Sukhio Shaikh resident of Arore and lady disclosed her name Rozina daughter of Muhammad Taqi Malik resident of Quaid e Azam Colony, Gulshan e Iqbal 3, Karachi. On further enquiry, accused Muhammad Zahid and Mst. Rozina disclosed that they with their own sweet will have come from Karachi and are residing in the house of Shaman Shaikh, where Shaman and Muhammad Zahid commit Zina with her, as there is no Nikah between them. Due to non availability of private Mashirs, H.C. Mir Ahmed and P.C. Lutuf Ali were appointed as Mashirs and both men and lady were arrested and took their personal search. During search of accused Muhammad Zahid, we find one note of Rs.50 from front side pocket of his shirt and during search of accused Shaman found two notes of Rs.10 total Rs.20 and search of lady was taken by lady constable Mst. Suraya, but could not find anything except necessary dress. We instantly prepared Mashirnama and arrested all the accused and brought at police station, as accused Muhammad Zahid and Mst. Rozina came from Karachi and resided at the house of Shaman Shaikh and with common intention commit offence under sections 10/16, Offences of Zina (Enforcement of Hudood) Ordinance, 1979 and 54, P.P.C. and the case on behalf of State is registered against them.’

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