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Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979)-- ----S. 10(3)--Appeal against acquittal--Significant aspect--Father of victim has not been produced as a witness before learned trial Court, which is more astonishing, in such circumstances where daughter has been subjected to Zina-bil-jabr--This state of matter creates serious ambiguity into prosecution case when no justified reasons available on record--That some more material facts which have been observed as being detriment to prosecution case, that prosecution did not bother to produce clothes of victim she was wearing at time of incident, which could play a major role in such like cases of rape, particularly when same was said to have been stained with semen and blood as per statement of victim--It was also found on record that victim has recorded her-statement before Magistrate under Section 164, Cr.P.C., but strangely Magistrate was not examined before Court to substantiate such statement therefore, FSC Court has been restrained to ponder such substantive piece of evidence--More-so, no recovery of weapon was effected from accused persons--Prosecution could not make out case against respondents and under this state of matter even sole testimony of prosecutrix cannot be believed inasmuch as it depends upon facts and circumstances of each case and has to be assessed by Court on basis of entire evidence on record--Therefore, respondents are extended benefit of doubt--Hence, impugned of acquittal passed by trial Court was upheld as does not warrant interference of FSC Court. Judgment Rizwan Ali Dodani, J.--Through this appeal, complainant Mst. Sajida Bibi d/o Manzoor Ahmed has challenged the impugned judgment dated 12.06.2003 delivered by learned Additional Sessions Judge, Haroonabad, Camp at Fortabbas whereby accused/respondents Mukhtar Ahmed son of Muhammad Sadiq and Muhammad Amin son of Muhammad Murad were acquitted of the charge under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. 2. Brief facts of the prosecution case are that complainant/victim PW.2 Mst. Sajida Bibi through complaint Ex,PA stated that she was a virgin girl and on the fateful day i.e.…

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