Law: Criminal Procedure Code (V of 1898)

Section: 164,265-K

Law: Pakistan Penal Code, 1860

Section: 371A,371B

Law: Qanun-e-Shahadat (10 of 1984)

Section: 46,47

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

Section: 10,11

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 265-K--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss, 10 & 11--Pakistan Penal Code, 1860 (XLV of 1860), 371-A and 371-B--Private Complaint--Appeal against acquittal--Legality and validity of adverse conclusion--There was allegation that Respondents and their associates abducted daughter who went to school but did not turn up, hence factum of abduction and zina--Defective investigation--No probability of conviction alleged--Provision of Section 265 K of code though cannot be used to deprive prosecution of opportunity to lead evidence but nevertheless, power can be exercised at any stage, if there is no probability of conviction of accused. Probability-- ----Definition of--Black's Law Dictionary (Tenth Edition)--Expression "probability" has not been defined in, Cr.P.C which has been defined in Black's Law Dictionary (Tenth Editions-Probability, n. 1. Something that is likely what is likely. 2. degree to which something is likely to occur; often expressed mathematically; POSSIBILITY (1). 3. quality, state, or condition of being more likely to happen or to have happened than not; character of a proposition or supposition that is more likely true than false. 4. amount of rational confidence with which a contingent event may be expected to materialize or become true." Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Arts. 46 & 47--Statement of relevant fact by dead person--Declining to record statement of victim but incorporating gist of accusation made and cursory statement recorded--Subsequent proceedings--Truth of facts--According to law, evidence given in a judicial proceedings will be relevant if opposite party in first proceedings had "right" and "opportunity" to cross-examine--Right and opportunity must co-exist--If a person and party has no right to cross-examine witness, then question of grant of opportunity does not arise at all--Provision of article 46 of Order ibid, enumerates 8 eventualities in which statement of a person referred to in said provision becomes relevant--Said provision shall apply when statement is made by a person about cause of his death or to any of…

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