Law: Pakistan Penal Code, 1860

Section: 302(b),201

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

Section: 10(3)

Law: Criminal Procedure Code (V of 1898)

Section: 367(5)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(c) 201--Offence of Zina (Enforcement of Hudood) Ordinance, 1979, S. 10(3)--Criminal Procedure Code, (V of 1898), S. 367(5)--Re-writing of --Remedy lies in remand of case--Determination through charge of offence--Either accused was acquitted or convicted--This aspect of matter remained unattended--Same is position for it not formulating point for determination qua charge framed under Section 10(3) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979--This is a case for re-writing of afresh, after hearing parties--With consent of parties and for reasons High Court inclined to accept this appeal, set aside conviction recorded by trial Court and remand case to trial Court with direction to re-write after hearing parties preferably within a period of two months--Appeal was accepted. JUDGMENT Muhammad Noor Meskanzai, CHIEF JUSTICE.- This appeal calls in question the legality, validity and propriety of the conviction and sentence recorded vide judgment dated 25.10.2010 passed by the learned IInd Additional Sessions Judge, Hyderabad, whereby the appellant was found guilty and sentenced as under: i. Under Section 302(c), PPC to suffer 25 years R.I. ii. Under Section 201, PPC to seven years R.I. with fine of Rs. 20,000/- or in default thereof to further undergo three months S.I. Benefit of Section 382-B, Cr.P.C. was extended to the convict/ appellant. 2. The brief facts of the case are that FIR No. 20/2004 was lodged by complainant Bhindo son of Bahadur at Police Station Phuleli, District Hyderabad to the effect that on 13.03.2004 at 7:30 p.m. his grand-daughter namely Baby Asifa daughter of Ali Nawaz, aged about seven years, after taking money went out of the house for purchasing candies. She did not return home, therefore, the complainant and his nephews Ghulam Fareed and Azad started search of Baby Asifa. It was further narrated in the FIR that in the Mohallah one Moula Bux alias Mouli had a shop of candies in his house, wherefrom the children used to purchase candies etc. The complainant party visited the house of the accused, however, the same was locked from outside. Further search for Baby Asifa did not…

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