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

Section: 11

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S.11---Abducting women to compel for marriage, etc.---Appreciation of evidence---Accused had admitted his previous relationship with the alleged abductee, who had visited his house on the fateful night, but his mother had returned her back to her house---Said plea of the accused had remained consistent throughout the police investigation, the trial and final arguments---Name of accused was entered in the Register of the Madrasa as a person entitled to see the abductee whenever he wanted---Abductee had conceded that during the entire process of her abduction she had neither raised hue or cry nor offered any resistance and that no Nikah papers were ready, nor she was asked to sign blank Nikha form---Abductee did not even receive a single bruise on her body---No pistol, crime empties or even the motorcycle allegedly used in the commission of the offence, had been recovered by the police from the accused---Real brother of the abductee and another witness, nominated in the F.I.R., were not examined by the prosecution---Abductee was not recovered from the accused---Evidence of the complainant regarding his being away from his house on the night of occurrence, did not inspire confidence---Accused was acquitted in circumstances. JUDGMENT: SYED AFZAL HAIDER, JUSTICE:---.--- Sohail Afzal appellant has filed this appeal against judgment dated 10-3-2008 delivered by learned Additional Sessions Judge, Gujrat whereby he has been convicted under section 11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced to ten years’ rigorous imprisonment with a fine of Rs.10,000/- and in default whereof to further undergo two months’ simple imprisonment. Benefit of section 382-B of the Code of Criminal Procedure has also been extended to the appellant. 2. Brief facts of the case are that one Munawar Hussain lodged a crime report with Police Station Kunjah that on 5-12-2005 his niece Mst. Saima Rani had come to attend the chehlum ceremony of his father. After the khatam he went to the house of his brother for settlement of accounts leaving his niece, his wife Mst. Farzana Kausar and mother Mst.…

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