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

Section: 10(2),13

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) Ss. 10(2) 13 Allegation of Zina Appreciation of evidence ¬Prosecution case on facts and circumstances entirely rested on the ocular evidence furnished by the Investigating Officer and other police employees No person from the locality had appeared to support the prosecution case though the alleged occurrence took place in a broad daylight in a highly busy area in the Cantonment Statements of both the prosecution witnesses contradicted each other in material particulars and there was material improvement in the prosecution evidence which reflected adversely on the investigation being honest and such improvement was made after deliberation and consultation Medical evidence and the report of the Chemical Examiner had not supported the prosecution case Trial Court had accepted the version of the prosecution witnesses on its face value but had failed to appraise the same alongwith defence version and the statement of the prosecution witnesses given in their cross examination Material contradictions in the statements of the prosecution witnesses brought out in their cross¬-examination at the trial in their statements under S.161, Cr.P.C. with which the witnesses were confronted, had also not been taken into consideration Trial Court had also ignored the medical report and the result of the Chemical Examiner with regard to the alleged suspected semen stained articles taken into possession by the Investigating Officer at the. time of the arrest of the accused Material improvement made by the prosecution witnesses on the original version reflected adversely on their credibility but same was not considered Main culprit of the entire episode who allegedly provided the female accused to the accused, who was specifically nominated in the F.I.R. had neither .been arrested nor associated in the investigation Not a single person from the locality appeared to depose against the accused and no one from the public was associated with the raid or with the recoveries though the Investigating Officer had prior information of the offence being committed for which the alleged warrant had been obtained and raid arranged…

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