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

Section: 10(2),10(3),11

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---- ----Ss. 10(2) & 10(3)---Zina---Essential ingredient---Penetration is necessary to constitute an offence of Zina, but it is not essential that the penetration must be complete---Mere penetration is sufficient to make out a case of Zina. 1993 PCr.LJ 1852(FSC); 1986 SCMR 148; PLD 1984 FSC 121; 1985 PCr.LJ 110 and 1993 SCMR 1660 ref. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---- ----Ss. 10(3) & 11---Appreciation of evidence---Eye-witnesses were independent witnesses of the occurrence who had no grudge or malice against the accused to falsely implicate him---Matter had been promptly reported to the police levelling allegations against the accused with precision and exactitude---Ocular account was fully supported by medical evidence and also supplemented by the Chemical Examiner's report--�Victim, a deaf and dumb girl of eight years, who could not speak, had pointed out the accused as culprit to the Investigating Officer identifying him as the one who had committed Zina with her---Victim girl had also explained the incident through signals to the said Police Officer Which Were interpreted by her father---Conviction of accused was upheld under S.10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, in circumstances---Accused, however, was a first offender and father of a daughter and had been leading throughout a moral life---Under Islamic Jurisprudence, to afford an opportunity for reformation was considered as commendable-- -Sentence of 25 years' R.I. awarded to accused thereunder was reduced to 15 years' R.I accordingly---Accused was acquitted of the charge under S.11 of the said Ordinance in the absence of any tangible evidence either of abduction or kidnapping on the record. 1993 PCr.LJ 1852 (FSC); 1986 SCMR 148; PLD 1984 FSC 121; 1985 PCr.LJ 1.10 ; PLD 1983 FSC 33; PLD 1992 FSC 87; 1994 SCMR 2102 and 1993 SCMR 1660 ref. (c) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)----- ----Ss. 10(3) & 11---Appreciation of evidence---Benefit of doubt--�Presumption, however, strong it may be cannot be legally accepted…