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

Section: 10(3)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 132,133

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S.10(3)---Criminal Procedure Code (V of 1898), S. 417(2-A)---Zina-bil-jabr liable to tazir---Appeal against acquittal---Appreciation of evidence---F.I.R. was lodged after 4/5 days of the occurrence and such delay was not plausibly explained---Medical test of the victim was conducted after 5 days of the incident---Father of the victim was not produced as a witness before the Trial Court, while his daughter had been subjected to zina-bil-jabr---Victim got no injury during alleged incident of rape; medical report also opined that no mark of violence or injury was found on the person of victim---Such fact alone cast serious doubt, when the manner in which alleged offence of rape was stated to have been committed---Presence of prosecution witness who gave ocular account in respect of the incident, at the place of incident, was doubtful as he was resident of other town, which was about three K.Ms. away from the town of the victim---Prosecution did not bother to produce the clothes of victim which she was wearing at the time of incident, which could play a major role in case of rape, particularly when same was said to have been stained with semen and blood as per the statement of victim---Victim had recorded her statement before the Magistrate under S.164, Cr.P.C., but said Magistrate was not examined before the court to substantiate such statement---Prosecution could not make out the case against accused persons---Sole testimony of prosecutrix, in such circumstances, could not be believed, as it depended upon the facts and circumstances of each case, and had to be assessed by the court on the basis of the entire evidence on the record---Impugned of acquittal passed by the Trial Court was upheld, which did not warrant interference by Federal Shariat Court. (b) Qanun-e-Shahadat (10 of 1984)-- ----Arts. 132 & 133---Cross-examination of witness---Scope---Suggestions in cross-examination by the counsel of acquitted accused may be in nature of admissions of some incriminating fact or a guilt, same could not be construed as an admission of fact or a guilt, unless proved by some independent…

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