Law: Criminal Procedure Code (V of 1898)

Section: 164,265-K,364

Law: Pakistan Penal Code, 1860

Section: 371A,371B

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

Section: 10,11

(a) Criminal Procedure Code (V of 1898)--- ----S. 265-K---Power of court to acquit accused at any stage---Scope---Provisions of S. 265-K, Cr.P.C. though could not be used to deprive the prosecution of opportunity to lead evidence but nevertheless, power could be exercised at any stage, if there was no probability of conviction of the accused. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----Ss. 10 & 11---Penal Code (XLV of 1860), Ss. 371-A & 371-B---Criminal Procedure Code (V of 1898), S.265-K---Hurt and Zina-bil-jabr, selling and buying person for purpose of prostitution---Power of court to acquit accused at any stage---Application for acquittal was accepted---Allegation against accused-respondents was that they abducted the daughter of complainant for the purpose of zina---After the death of victim, accused made an application under S. 265-K Cr.P.C., pleading no probability of their conviction due to death of victim, which after due notice was accepted---Validity---Record showed that cursory statement of the victim was recorded on 11th August, 2008, though occurrence took place in April, 2006---Appellant had alleged that cursory statement of the victim could be treated as dying declaration as the victim made statement disclosing cause and circumstances of homicide---If deceased himself/herself lodged FIR, that could be treated as dying declaration after his/her death---Cursory statement of the victim could not be treated as dying declaration---In the present case, cursory statement of appellant was nothing but hearsay---Appellant deposed what was told to her by other witnesses---Statements of two witnesses, seeing the victim in the company of accused in white colour vehicle were not sufficient to cover the case within ambit of S. 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979---Bald statement of appellant without disclosing source of information about the sale of victim, name of the seller would not be sufficient to cover the case within the mischief of Ss.371-A & 371-B, P.P.C.---Contention raised on behalf of appellant to decide the fate of the case after recording evidence of appellant and the…

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