Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 10(3)(4),6(c)

Law: Anti Terrorism Act, 1997

Section: 7

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---   ----Ss. 10(3)(4) 6(c)---Anti-Terrorism Act (XXVII of 1997), S.7--¬Appreciation of evidence---Victim girl was aged 15/16 years and was unmarried---Commission of Zina with the victim had been proved by he¬statement corroborated by report of Chemical Examiner and there was no reason for false implication of the accused---Statement of victim was corroborated by medical evidence wherein swabs were found stained with semen and the accused had not givers any plausible reason for their false implication---Solitary statement of the victim which was confidence-inspiring was sufficient to record conviction of the accused--¬Prosecution had proved its case against the accused beyond any shadow of doubt---No marks of violence were found on the victim when she was medically examined; she arrived at her house on her own and the matter was not reported to the police for her abduction by her father---Semen of the accused were not sent to Serologist for grouping/comparison--¬Possibility, in circumstance, could not be ruled out that alleged victim was a consenting party with one of the accused and was tutored before the registration of the case---Conviction of the accused under S.10(4) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, was not legal and proper and same was altered to under S.10(3) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and the accused were sentenced to 10 years R.I. each accordingly.    Mian Muhammad Bashir for Appellants.   S.D. Qureshi for the State.   Date of hearing: 20th February, 2002. JUDGMENT BASHIR A. MUJAHID, J.--- Abdul Rehman son of Abdul Latif and Mushtaq Ahmad son of Boota have challenged judgment, dated 12-8-1999 passed by learned Judge, Special Court ATA, Lahore whereby they were convicted under section 10(4) of Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) and section 6(c) read with section 7(ii) of Anti-Terrorism Act, 1997 and sentenced to death. Abdul Rehman was further convicted under section 11 of Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) and sentenced to imprisonment for life and…

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