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

Section: 10(2)

Law: Pakistan Penal Code, 1860

Section: 380

Suspicion-- ----Suspicion, however, strong, cannot take the place of proof. 2008 SCMR 336, ref. Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979)-- ----S. 10(2)--Pakistan Penal Code, (XLV of 1860), S. 380--Conviction and sentence--Challenge to--Benefit of doubt--Evidence of both witnesses was not acted upon by trial Court against appellants--Principle of "Falsus in Uno Falsus in Omni bus" is not recognized in criminal administration of justice in Pakistan and in order to prove culpability of appellants, corroboration was required--Admittedly, there is no corroboration at all to strengthen evidence of witnesses which even otherwise does not inspire confidence as discussed--Counsel for respondent contended that appellant is real brother of respondent and P.W., therefore, question of false implication does not arise all--Argument advanced though cannot be questioned on factual premises but legal consequences with reference to corroboration cannot be endorsed--Plea is based on supposition and as such cannot provide corroboration by itself--Opinion of D.W. who supervised investigation in F.I.R--Concluding falsity of allegations by no stretch of imagination can be taken into consideration--Plea of appellants regarding enmity also could not be substantiated by them--Perusal of copy of complaint reveals that it was filed by "H" (since acquitted) against respondent and P.W. and not by appellants--Copy of order made by Judicial Magistrate, canceling crime report, even if ignored, would not be sufficient to prove case of respondent--Viewed from whichever angle, respondent could not prove charge beyond shadow of doubt--Evidence scanned clearly reveals that it does not inspire confidence--Benefit of doubt has to be extended in favour of appellants which is accordingly granted--Appellant is present on bail whose sentence was suspended through order--He and his surety are discharged of their respective bonds--Personal attendance of Mst. "R" (Appellant No. 2), whose sentence was also suspended was dispensed with vide order and counsel for appellants undertook to appear on her behalf--Said advocate is absolved of his responsibility--Mst. "R" (Appellant No.…

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