Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-------S. 16---Appreciation of evidence---Accused had allegedly enticed away the victim girl who remained with him for one day, but she was admittedly neither subjected to Zina-bil-Jabr nor he did any indecent act with her---No such occurrence as stated by the prosecution, thus, had ever taken place and provisions of S.16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, were not attracted in the case ---F.I.R. had been lodged by the brother-in-law of the alleged abductee after six days of the occurrence without any explanation for the delay, who had cooked up the entire case as he was not willing to get the accused married with the victim who happened to be his sister-in-law--­Trial Court had failed to consider the entire evidence in its true perspective which had resulted in complete failure of justice to the accused who was subjected to hazard litigation against him---Accused was acquitted in circumstances. JUDGMENT Tasawar Ali appellant has filed this Jail Criminal Appeal No.299/I of -2002 against the judgment dated 18-12-2002 of the Sessions Judge, Khushab convicting him under section 16 of Offence of Zina (Enforcement of Hudood) Ordinance to three years' R.I. with fine of Rs.5,000 and in default to further undergo three months' S.I. he was acquitted of the charge under section 10(3) of the said Ordinance. 2. F.I.R. No.56, dated 8-8-2002 Police Station Nowsher Khurd, District Khushab was recorded by complainant Muhammad Ijaz son of Ghous Muhammad, resident of Mustafa Abad that Mst. Nusrat Parveen his sister-in-law (Sali) was abducted on 2-8-2002 by the appellant while grazing her goats in the hills. It is the case of the prosecution that the victim was brought back to her parents on the following day. 3. According to the statement of P.W.10 Faqeer Hussain, Investigating Officer he was posted at Police Station Noshera on 8-8-2002 and arrested the accused on the following day (9-8-2002) got Mst. Nusrat Parveen medically examined on 10-8-2002 and after preliminary investigation found the appellant guilty and sent the challan to the Court. 4. The appellant was charge-sheeted on…

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