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

Section: 10(2)

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)     S. 10(2) Appreciation of evidence Trial Court had accepted the plea advanced by the accused that they had entered into marriage vide. a regular Nikahnama and their marriage had also been declared valid by the Family Court Trial Court had convicted and sentenced the accused on the grounl9 that they had failed to justify that for about one month and twenty days before their marriage they had not been living in adultery Accused, of course, had also to prove the plea set up by them to a reasonable extent, but the total burden of proof of innocence could not be placed on their shoulders unless the prosecution had brought on record reasonable evidence against them Prosecution had not produced any evidence to show that the accused had been living together during the aforesaid period as husband and wife and had been committing Zina No evidence was even available on record that the accused had been living together in one house or at one place Accused were acquitted in circumstances.   Malik Imtiaz Ahmad Mohl for Appellants.   S.D. Qureshi for the State.   hearing date: 5th November, 1997. JUDGMENT This appeal is directed against judgment, dated 4 8 1997 by Additional Sessions Judge, Sargodha vide which the learned trial Judge had convicted the appellants under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance; 1979 and sentenced each of them to undergo R.I. for two years plus to pay a fine of Rs.1,000 each in default whereof to further undergo R.I. for one month each. Each of them was also sentenced to suffer two stripes. 2. F.I.R. Exh.P.B. was registered at Police Station Saddar Sargodha, by Dilbar Hussain, M.H.C. (P.W.9) on 6 8 1992 at 3 00 p.m. on the statement of Muhammad Nawaz (P.W.4). According to F.I.R. Allah Yar appellant was on visiting terms with the complainant. He developed illicit relations with the daughter of the complainant Mst. Irshad Bibi. On 3 8 1992 the complainant went to Sargodha alongwith his wife to bring medicine for his ailing child. They could not return home due to getting late. They returned home on 4 8 1992, Mst. Irshad…

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