Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 3,7

Law: Criminal Procedure Code (V of 1898)

Section: 417

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

Section: 4,10,10(2),11

(a) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----Ss. 3 & 7---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 4---Criminal Procedure Code (V of 1898), S. 417---Qazf---Scope---Appeal against acquittal---Appreciation of evidence---Imputation of Zina---Proof---Complainant was aggrieved of acquittal of accused by Trial Court in F.I.R. registered against them for making false allegation of commission of Zina by him---Validity---Accusation by itself was not sufficient even to suggest actionable claim against accused---Qazf under S. 3 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 required specific imputation of Zina as defined in S. 4 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979---Complainant and his wife in their respective statements attributed allegation of giving false evidence against them not only in Trial Court during trial but also during course of investigation though same was not agitated in crime report---Such deposition could not attract penal provision under which case was registered (Qazf)---As deterrent, punishments were provided therefore, it required harder proof to substantiate same and any premium, if possibly could be given, had to be extended to accused---Expression 'going for purpose of Zina' was more or less a guess which words could not be considered substitute of expression 'Zina'---Federal Shariat Court declined to interfere in matter as prosecution failed to prove case beyond shadow of doubt---Appeal was dismissed in circumstances. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 4---Term 'Zina'---Connotation---Words 'said to commit Zina' and 'willfully have sexual intercourse' contained in S. 4 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 demonstrates actual commission of Zina. THIS JUDGMENT DELIVERED BY: MEHMOOD MAQBOOL BAJWA, J.--- After conclusion of trial in Crime-Report No.354 of 2005, registered under Section 7 of The Offence of Qazf (Enforcement of Hadd) Ordinance VIII of 1979 (Hereinafter called Ordinance VIII of 1979), a learned Additional Sessions Judge Kamalia, acquitted the respondents Nos. 1 to 3 (The respondents)…

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