Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979

Section: 10(3),11

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----Ss. 10(3) & 11---Zina-bil-jabr and kidnapping---Appreciation of evidence---Delay of eight days in lodging F.I.R. was explained by the complainant---Recovery of victim and weapon of offence from accused, was established and proved from the record of the case---Victim in her statement, had fully involved accused with specific role in the commission of offence---No reason was available to put at stake the honour of family of the complainant party to get registered a false case against accused---Report of chemical examiner regarding vaginal swabs was positive---Statements of all prosecution witnesses corroborated each other and no contradiction was found in their statements on material points of confinement of the victim for 18 days; and her recovery by Police from house of accused were proved against accused beyond shadow of doubt---However, allegation under S.11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, pertaining to kidnapping, abducting, was not proved against accused at all, as per requirement of law---Material and glaring contradictions were available in the statements of the complainant and the victim between themselves; and even within statements of each of them in that regard---Victim stated in her deposition that she was kept in an unknown place, whereas in the same statement she said that she was kept in the house of accused which was situated at a distance of 2 ‘acres’ from her house---Victim did not say that she was also taken to any other place after the abduction---Both parties had admitted and it was proved on record that there existed serious family dispute and litigation between the parties and in that inimical situation, fabrications in the stay had become quite obvious---Prosecution stay had failed in inspire confidence about the allegation under S. 11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and had failed to prove the same beyond any shadow of doubt---Conviction and sentence awarded to accused under S.11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 were not maintainable---Since victim girl was recovered by the Police…

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