Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-------Ss. 4, 10(2) & 11---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Quashing of F.I.R.---Petitioner/alleged abductee and co-accused had contracted marriage through a Nikah Nama, which had presumption of truth and both were living as husband and wife and in said wedlock, two children had born---Petitioner did not support prosecution case and had categorically stated that she was not abducted, but she had contracted marriage with co-accused with her free consent--­Petitioner was more than 18 years at time she contracted marriage with co-accused according to age certificate issued by Board of Doctors--­Petitioner, in circumstances was sui juris at the time of her marriage and could not be said to have committed Zina---High Court allowing petition quashed F.I.R. as well as proceedings pending before Trial Court. JUDGMENT Through this Constitutional petition, Mst. Razia Bibi-petitioner has sought quashment of F.I.R. No. 53/1999 registered at Police Station, Madrisa, on 21-4-1999, for offences under sections 11/10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at the instance of Mst. Elahi Sain, mother of the petitioner, wherein the petitioner was sent up to face trial. 2. Complainant, who is respondent No.2 in this petition has not put in appearance despite service of notices, so there is no option for this Court but to proceed with the case in the absence of the complainant. 3. The necessary facts as given in the F.I.R., are that on 19-4-1999, the complainant got up at about 10.00 p.m. to ease herself and saw that her daughter Mst. Razia Bibi was missing. The complainant woke up her son Bagh Ali and started searching for Mst. Razia Bibi. During search, Nazir Ahmad and Muhammad Ali P.Ws. informed the complainant party that Mst. Razia Bibi was going alongwith Riaz Ahmad on a motorcycle and that Muhammad Akram armed with .12 bore gun and Zia Ahmad were also going alongwith Mst. Razia Bibi, and Riaz Ahmad on another motorcycle. It was alleged in the F.I.R. that Riaz Ahmad and other accused had enticed away Mst. Razia Bibi in order to commit Zina with her.…

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