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Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-------S. 10(3)---Penal Code (XLV of 1860), S.337-L(2)---Zina-bil-Jabr, hurt---Constitution of Pakistan, Art.203-F(2B)---Trial Court had not misread or disregarded any significant part of the evidence---No particular points of law were pointed out on behalf of accused to have escaped the notice of both the courts below to indicate any failure to assess the evidence---Federal Shariat Court had rightly dismissed the appeal of accused---Even if the delay of 409 days in filing the present petition was condoned in the larger interests of justice, there was nothing else on record requiring any reappraisal of evidence or calling for a consideration of any new points coming forth in the submissions made by the defence counsel---Leave to appeal was refused to accused by Supreme Court, in circumstances. M. Zaman Bhatti, Advocate Supreme Court for Petitioner. Malik Irfan, Additional P.-G. Punjab for the State. Date of hearing: 10th May, 2011. ORDER DR. MUHAMMAD AL-GHAZALI, MEMBER.---This Jail Shariat Petition is barred by 409 days. It was filed against the judgment dated 23-1-2009, passed by learned Federal Shariat Court. Petitioner-Ijaz alias Jaju was accused for rape in case F.I.R. No. 90 of 2003 dated 3-2-2003 registered at Police Station Jaranwala, District Faislabad. 2. The complaint was instantly made by Mst. Maqsoodan Bibi (P.W.4), mother of the victim of the occurrence, namely Mst. Shaziya Bibi. The case of the prosecution is that Mst. Shaziya Bibi, victim of the crime, resided with her mother Mst. Maqsoodan Bibi. She is the resident of Chak No. 25/GB, Faisalabad, where she lives with her blind husband and children. On 2-2-2003 at about 1600 hours she had gone to her nearby cattle-shed to attend to her cattle, leaving her daughter Mst. Shaziya alone in the house when the two accused persons named Ijaz and Afzal forcibly entered her house. Ijaz was armed with a stick and Afzal with a pistol, both of them dragged her inside the room and the former committed zina-bil-jabr with her. He also beat her brutally when she put up resistance. The complainant heard her wails and cries for help and rushed back to…

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