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

Section: 12

Law: Penal Code (XLV of 1860)

Section: 337-j/34

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)----- ----S. 12---Penal Code (XLV of 1860), S.337-J/34---Appreciation of evidence---Trial Court had not framed a proper charge as no reference had been made to the ingredients which constituted offence under S.12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979--¬Similarly instead of referring to commission of offence of sodomy, Trial Court had used the word "Zina"---Trial Court had failed to examine accused under. S.342, Cr.P.C in the tight of prosecution evidence by not putting incriminating evidence to accused---Accepting appeal of Trial Court was set aside and case was remanded to be decided afresh, in accordance with law. THIS ORDER PASSED BY: FAZAL ILAHI KHAN, CHIEF JUSTICE:---.--- All the three Criminal Appeals Nos.76/Q of 2001, 81/Q of 2001, and 238/I of 2001 arising out of the same judgment dated 24-10-2001 of the learned Additional Sessions Judge, Nasirabad at Dera Murad Jamali, these are therefore, disposed of by this single order. The accused/ appellants were tried, convicted under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of Rs.20,000 each. In default of payment of fine each of them shall suffer further six months simple imprisonment. They were further convicted under section 337-J/34, RP.C. and sentenced to suffer two years' rigorous imprisonment each and to pay a fine of Rs.15,000 in default of payment of fine to further undergo four months simple imprisonment, each. Both the sentences were ordered to run concurrently and the benefit of section 382-B, Criminal Procedure Code was extended to each of the accused. I have heard the learned counsel for the parties and as I have formed my opinion to remand this case, therefore, I refrain from discussing the merit of the case which may prejudice the case of…

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