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

Section: 7

Law: Criminal Procedure Code (V of 1898)

Section: 203-B,367

Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979)-- ----S. 7--Criminal Procedure Code, (V of 1898), Ss. 203-B 367--Allegation for imputation of fornication (zina)--Change of qazf--Acquittal of--Challenge to--Pregnancy report was negative--Ignorance of evidence--Wrong presumption of trial Court--Opportunity of hearing--Violation of mandatory provisions of, Cr.P.C.--Requirement of mandatory provisions--Trial Court ignored negative pregnancy test which is most relevant medical report in this case, content of ultrasound report are clearly in favour of claim of complainant/appellant showing her not pregnant. Trial Court disregarded ultrasound report for containing a typographical error in date written on it--Counsel clarified that date on letterhead upon which report was written erroneously contained printed year as --/--/2014 instead of --/--/2015, however, hand written digits for day and month on are clearly mentioned as (13/2) (13th of February)--Trial Court wrongly presumed that P.W.4, who is father-in-law of complainant/appellant is also husband of daughter of accused] whereas on contrary contents of statements of witnesses and cross-examinations revealed that daughter of accused is step-mother of complainant/ appellant--Due to this mis-reading of evidence, reaching of trial Court at a wrong conclusion is obvious--Trial Court also completely ignored evidence of P.W 5, who was SHO of Police Station Morekaho--In his statement, he clearly states that accused came to him in Police Station first he gave an application against wife of A containing allegation of Zina and doing abortion--That application was returned to him because it contained allegation of Zina--Any word which directly or indirectly connotes to Zina uttered by a person against an adult Muslim without support of four witnesses is enough to constitute offence of Qazf against that person who is leveling this imputation--Impugned is violative of mandatory provisions contained in Section 367, Cr.P.C. because trial Court utterly failed to formulate points for determination as required by this Section and decision thereon with reasons--Held: By now, it is settled principle of law that a…

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