Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----Ss.10 & 11---Criminal Procedure Code (V of 1898), S. 417(2-A)---Zina-bil-jabr, liable to tazir, kidnapping, abducting or inducting woman to compel for marriage etc.---Appeal against acquittal---Appreciation of evidence---Delay of about four days in lodging FIR---Accused was charged for the commission of zina-bil-jabr with the daughter of complainant---Accused and his co-accused persons had fled away taking the victim with them---Occurrence took place on 5th March, 2003 at 9.00 p.m.---Victim was brought to the house of complainant on 7th March, 2003---Complainant submitted application to get the FIR recorded on 8th March, 2003, upon the strength of which crime report was lodged on 9th March, 2003---Complainant justified the delay in lodging FIR by adding in report that respectables of the locality were requested for compromise but their names and other particulars were not disclosed---Said omission was significant, deliberate and thus fatal to the case of complainant. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---FIR---Delay in lodging FIR---Scope---Delay in lodging FIR could be ignored if the ocular account was found convincing and trustworthy. (c) Criminal Procedure Code (V of 1898)--- ----S. 161---Statement of witnesses before police---Delay---Effect---Statement of complainant and victim were recorded after the delay of three days---Statements of witnesses, complainant and victim did not suggest any compulsion to justify such delay---Witnesses were nowhere suggested of any malice on the part of Investigating Officer to justify the delay---Reliance could not be placed upon the statements of the witnesses. (d) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----Ss.10 & 11---Criminal Procedure Code (V of 1898), S. 417(2-A)---Zina-bil-jabr, liable to tazir, kidnapping, abducting or inducting woman to compel for marriage etc.---Appeal against acquittal---Appreciation of evidence---Ocular account was furnished by the witnesses including complainant and the victim---First Information Report showed that the victim was laid to earth by the accused and his…

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