Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 380---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(2)---Theft in dwelling house, marrying again during life time of husband/or wife and zina---Appreciation of evidence---Benefit of doubt---Prosecution case was that the respondent filed a complaint against the accused along with acquitted accused persons with the allegation that they made theft of gold ornaments from his house---Co-accused and acquitted accused who made extra-judicial confession, disclosed the occurrence committed by them, had since died---Complainant revealed that complainant, his brother, and witness, (since given up) when came back at their residence, accused persons were found in a compromising position---Record showed that alleged occurrence of zina was held on 1st September, 2004 at 5.00 p.m.---Said fact was disclosed by complainant of FIR and husband of co-accused in his cross-examination---Complainant of the FIR stated that his signatures were taken by police on blank papers and facts were distorted in the FIR---Record showed that dishonest intention of the police came to the notice of the complainant on 12-09-2004; complainant of the private complaint, on the other hand, contended that distortion of facts came into the notice of complainant of FIR when cancellation report was endorsed on 21st February, 2006 by the Judicial Magistrate---Question would be if the factum of distortion of facts came to the knowledge of complainant of FIR on 12-09-2004, why he remained quiet---Said complainant had alleged that since SHO was in league with the accused party, therefore, he did not complain to the high-ups of the police---If the SHO was in league with the accused party, there was no restriction upon complainant to approach the higher authority for redressal of his grievance but, admittedly, no action was taken by him; in such a situation, complainant of FIR or respondent/ complainant of private complaint could have filed the complaint promptly---Complaint was filed after the delay of about 1-1/2 years---Admittedly, private complaint was filed by the respondent and not by the complainant of the FIR---Respondent/complainant of private…

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