Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979)-- ----S. 12--Criminal Procedure Code, (V of 1898), S. 377--Conviction & Sentence--Appreciation of Evidence--Delay in lodging the FIR has not been satisfactorily explained--Victim was medically examined after the FIR through police--Nothing was suggest about the act of sodomy in chemical examiner report and negative one--Prosecution has failed to prove his case beyond reasonable doubt--Conviction & sentence set aside and accused acquitted of both the charges--Appeal Allowed. THIS JUDGMENT DELIVERED BY: MUHAMMAD ZAFAR YASIN, JUSTICE---.--- This appeal is directed against the judgment dated 18-09-2007, passed by learned Additional Sessions Judge Daska, DistrictSialkot, whereby appellant Usman son of Asghar Ali has been convicted under Section 12 Offence of Zina (Enforcement ofHudood) Ordinance, 1979 and sentenced to undergo 5 years R.I with a fine of Rs. 15,000/- or in default of payment of fine to further undergo R.I. for one year. He has also been convicted under Section 377-PPC and sentenced to undergo 5 years R.I. with a fine of Rs. 5000/- or in default of payment of fine to further undergo S.I for four months. Both the substantive sentences of imprisonment have been ordered to run concurrently. Benefit of Section 382-B Cr.P.C has also been extended to the appellant by the learned trial Judge. 2. Brief facts of the case are that complainant Mst. Azra Bibi lodged FIR No. 85/2006 dated 19-04-2006 at about 3-15 p.m. with Police Station Satrah, District Sialkot, wherein she alleged that on 17-04-2006 when she had gone in her parental house in villageChianwali, her son Aman Ullah, who used to reside there, did not come across her. She inquired about him. The inmates of the house told that sufficient time had elapsed but he did not return home. The complainant along with Muhammad Azam, her brother and Ashiq son of Allah Ditta went out in search of Aman Ullah; when reached on the path leading towards village Faqiranwali, they heard the voice of shrieks and went towards a nearby field. They saw Aman Ullah besmeared with blood and his shalwar was off. Usman son of Asghar Ali resident of the…

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