Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302--- Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 18---Criminal Procedure Code (V of 1898), S.417(1)---Qatl-i-amd, zina or zina-bil-jabr liable to Tazir---Appeal against acquittal---Reappraisal of evidence---Benefit of doubt---Mother of the deceased, who was an important eye-witness, had been given up---Medical account revealed that rape had not been committed with the deceased---No evidence was on record to establish attempt to commit zina with the deceased by accused---Doctor, had stated that he did not observe any mark of violence or dragging on the person of the deceased as there was no mud staining on the dead body---Allegedly, accused was chased by three persons, including real parents of the deceased, but could not succeed to catch hold of him from a nearly distance, on seeing the act of slaughtering their minor daughter---No sign of attempt to commit the offence of rape with the minor deceased, was found visible---Story of chase, was correctly disbelieved by the Trial Court---Recovery of incriminating weapon i.e. sickle, was rightly disbelieved by two courts below as same was recovered from a thickly populated area, but inhabitants of the locality did not participate in the alleged recovery and it was recovered after inordinate delay of arrest of accused---Parcel of said sickle, was sent to chemical examiner without explaining the delay of five days and the report of Serologist was found missing---Victim, did not sustain any irregular wound, nor any mark of violence or dragging was found on the body of the victim---Story, as set up by the prosecution, appeared to be concocted and could not be considered trustworthy due to contradictions and inconsistencies in between the ocular, medical and circumstantial evidence---Trial Court, had correctly extended benefit of doubt in favour of accused and acquitting the accused---Appeal against acquittal, was incompetent and misconceived as of acquittal, appeared to be well reasoned, elaborate, which did not warrant any interference by Federal Shariat Court. PLD 1970 SC 177 ref. (b) Criminal trial--- ----Benefit of doubt---Scope---If a single…

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