Law:

Section:

Adverse Inference-- ----There was no report of chemical examiner regarding swabs of victim inspite of the fact according to prosecution the parcel was sent to chemical examiner--Piece of evidence was withheld prosecution, therefore, adverse inference could be taken against prosecution. [P. 380] D Delay-- ----Delay in lodging FIR cannot in all cases lead to inference that the case set up in FIR is necessarily true or false--Held: Piece of evidence qua delay of recording FIR without explanation creates doubt uqa the prosecution story meaning thereby un-explained delay of absent 26 days makes investigation of the case doubtful. [P. 379] B Offence of Zina (Enforcement of Hudood)) Ordinance, 1979 (VII of 1979)-- ----Ss. 10 & 11--Constitution of Pakistan, 1973, Art. 203(F)--Conviction and sentence recorded against accused by trial Court--Appeal was dismissed--Assailed--Leave to appeal--Appreciation of evidence--Jurisdiction--Supreme Court did not interfere with the findings of fact arrived at by Courts below--Findings are on the whole reasonable and are not arrived at by dis-regarding any provision of law or any accepted principle concerning the appreciation of evidence meaning thereby in case the finding is on the face of it against the evidence or so patently improbable, or perverse that to accept it could amount to perpetuating a grave miscarriage of justice, or if there has been any misapplication of principle relating to appreciation of evidence, or finally, if the findings could be demonstrated to be physically impossible, then it is the duty and obligation of Supreme Court to interfere in the concurrent conclusions arrived at by the Courts below--Appeal allowed. [P. 379] A Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979)-- ----Ss. 10 & 11--Appreciation of evidence--No direct evidence--There was no direct evidence of zina-bil-jabr against accused except sole statement of the victim--Even evidence of the victim be read as a whole then ingredients of zina-bil-jabr were not attracted. [P. 380] C Order Ch. Ijaz Ahmed, J.--The petitioner has sought leave to appeal against the judgment of the learned Federal Shariat Court dated 19.1.2005…

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