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

Section: 10(3),18

Law: Penal Code (XLV of 1860)

Section: 354

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)     Ss. 10(3) 18 Penal Code (XLV of 1860), S.354 Appreciation of evidence Complainant, neither while lodging F.I.R. nor while appearing at the trial had given account of any steps taken by accused to show that attempt to commit Zina had been made by accused Sister of complainant who appeared as prosecution witness also did not narrate steps constituting attempt to commit Zina with complainant; she had rather stated that accused had tried to outrage modesty of complainant ¬Similar was stand and stance of father of complainant and prosecution witnesses Prosecution, in circumstances, had not been able to prove the case against accused under Ss. 10(3) 18 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and that material evidence on record had shown that accused instead had committed offence under S.354, P.P.C. Conviction of accused under Ss.10(3) 18 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was set aside and instead they were convicted and sentenced under S.354, P.P.C. accordingly.    A.D. Nasim for Appellants.   Qazi Muhammad Saleem for the Complainant.   Ch. Nizam ud Din Arif for the State.   Date of hearing: 23rd April, 2002. JUDGMENT This appeal is directed against judgment, dated 12 1 2002. by Additional Sessions Judge, Gujrat, whereby learned trial Judge, convicted the appellants under section 10(3) read with section 18 of Offence of Zina (Enforcement of Hudood) Ordinance and sentenced each of them to undergo R.I. for 5 years, plus to pay a fine of Rs.5,000 each, in default whereof to undergo S.I. for 6 months each. 2. Occurrence in this case, had taken place on 19 1 2001, at about 6 00 p.m., in the field of Nadir, in the area of village Adhowal, at a distance of 2 1/2 miles from Police Station Civil Lines, Gujrat. F.I.R. Exh.P.A./1, was registered at the police station, by Muhammad Akram, A.S. I. (P.W.5) on 19 1 2001, at 8 30 p.m. on receipt of statement Exh.P.A., made by Mst. Sumera Saleem (P.W.1), on the same day, before Zafar lybal, A.S. I. (C.W.2), at 8 00 p.m., at Kutchery Chowk, Gujrat. According to F.I.R., complainant was,…

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