Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10(2)

Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(2)---Appreciation of evidence---Night had commenced shortly after the commission of offence; it was winter season and the police station was at a distance of 12 kilometers---Complainant therefore, could be excused for not lodging the F.I.R. on the same night---Complainant and her husband, no doubt, belonged to lower class of society, but she had every right to make report and complain if a person of higher status would violate her rights to the extent of committing rape on her---Political rivalry between two groups of influential persons of the village or, criminal litigation between them was totally irrelevant so far as a poor landless peasant was concerned---Lengthy cross-examination on the prosecution could not shatter the prosecution case and she was fully supported by the eye-witness who though related to her was not an interested witness---Complainant was a married lady who was married only about a year before the present incident and she or her husband could not be believed to have played in the hands of any person and falsely implicated the accused in the case---Accused had been proved guilty on the record and abscondence of co-accused during trial had also supported his guilt---Conviction and sentence of accused were maintained in circumstances. Allah Bakhsh v. The State PLD 1986 FSC 144; Khan Muhammad v. The ‘State PLD 1986 FSC 262; Muhammad Nawaz v. The State 1985 PCr.LJ 761; Muhammad Akbar v. The State 1985 PCr.LJ 2026 and Ghulam Ghous v. Muhammad Amin and others 1997 SCMR 37 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Belated F.I. F.I.R. ---Effect---Delay in filing of F.I.R. is fatal only when the same is not adequately explained. JUDGMENT SALAHUDDIN MIRZA, JUSTICE:---.--- The facts of the case as revealed in F.I.R. No.693 of 2004 recorded at Thana Kuthiala Sheikhan District Mandi Bahauddin on 7-11-2004 at 2-30 p.m. are that complainant Rani wife of Amir Khan had gone to ease herself on 6-11-2004 at 5-00 p.m. and when she reached near the sugarcane crop of Ghulam Mustafa, accused Shahbaz alias Shahid son of Manzoor and Liaquat son of Nazir suddenly…

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