Law:

Section:

Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979) --------- ----------Ss.3, 5 & 7 --------- Penal Code (XLV of 1860), Ss. 365-B, 376 & 337-A --------- Criminal Procedure Code (V of 1898), S. 417 --------- Kidnapping, abducting or inducing woman to compel for marriage etc., rape, causing shajjah, offence of qazf --------- Appeal against acquittal --------- Case, was registered against petitioner/accused and his co-accused, with the allegation that they abducted daughter of respondent for committing zina with her --------- Accused were acquitted of the charge by the Trial Court, extending them benefit of doubt --------- Petitioner, after acquittal filed complaint against respondents for an offence under S.7 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 --------- RESPONDENT were summoned, but Trial Court while dealing with application filed by respondents for their acquittal under S.265-K, Cr.P.C., acquitted respondents, observing that petitioner and his co-accused were acquitted in the case of zina while extending them benefit of doubt; it was not established that the allegation of zina levelled by the respondents were incorrect; that respondents were not liable under offence of qazf --------- Validity --------- Most important and essential ingredients for offence of 'Qazf', was bad intention of the person levelling such imputation of zina --------- To prove offence of qazf, the prosecution must indicate that such imputation was made with the intention to harm the person, or his reputation by imputing such accusation of zina --------- In the present case, no intention to harm the person, or reputation of petitioner or circumstance indicating such intention by imputing false accusation of zina, was brought on record during trial for the offence of zina --------- In absence of such evidence indicating such intention to harm the person and reputation of accused/petitioner, as mentioned in S.3 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, was not clearly made out --------- Trial Court had not stated that the witnesses had given false evidence in respect of commission of zina --------- Court had also not come to any…

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