Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---S. 12---Penal Code (XLV of 1860), S.377---Kidnapping or abducting in order to subject person to unnatural lust, sodomy---Appreciation of evidence---Benefit of doubt---F.I.R., which was lodged after about five and a half hours of the alleged incident, neither mentioned the name of accused, nor his features were given---Co-accused had been shown as the main culprit, but he was exonerated afterwards, and was acquitted from the case---Since, the name of accused did not appear in the F.I.R., it was legally necessary to have conducted his identification parade through the victim and two other witnesses, who had seen him running in the street---No explanation was on record to the effect as to why identification parade was not held---Both the witnesses were related to the complainant, and were chance witnesses as they were not resident of the area concerned---No person from the vicinity had been made witness of the incident---According to Doctor, anus sphincter of the victim was normal, and no abrasion or laceration in the anal canal was present and there was no pain in walking---Trial Court was not justified to convict and sentence accused, as the prosecution had not proved the charge against accused beyond any reasonable doubt---Conviction and sentences awarded to accused by the Trial Court, were set aside, and he was acquitted of the charge by giving him the benefit of doubt in circumstances. JUDGMENT AGHA RAFIQ AHMED KHAN, C.J.---Muhammad Imran, appellant through the instant appeal has challenged the judgment dated 27-4-2009 delivered by the learned Additional Sessions Judge, Faisalabad, whereby he has convicted the appellant under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as the Ordinance) and sentenced to undergo five years' rigorous imprisonment with payment of Rs.50,000 as fine or in default thereof to further undergo three months' simple imprisonment. He has further convicted the appellant under section 377 P.P.C. and sentenced to undergo five years' rigorous imprisonment with fine of Rs.50,000, or in default thereof to further undergo…

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