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

Section: 10(3)

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S.10(3)---Zina-bil-Jabr---Appreciation of evidence---Benefit of doubt---Prior to lodging of the alleged report, name of accused was not mentioned as accused and instead the name of another person was mentioned therein---Material witnesses had been given up---Accused had already been behind the bars for more than four years---Complainant and victim of the offence as per witnesses of the prosecution, made allegation against different persons and that confusion had remained till the last and had not been clarified by the prosecution---Doubt existed in the circumstances in the name of actual offender and benefit of the same must go to accused---Conviction and sentence of accused were set aside and accused was acquitted of the charge against him and he was released. JUDGMENT DR. FIDA MUHAMMAD KHAN, JUSTICE:---.--- This Criminal Appeal filed by Mumtaz Ahmad appellant/accused son of Lakoo is directed against the judgment dated 8-11-2007, passed by the learned Additional Sessions Judge, Arifwala, District Pak Pattan Sharif, whereby he has convicted the appellant/accused under section 10(3) of the offence of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as the Ordinance) and sentenced him to suffer fourteen years’ RI. The benefit of section 382-B, Cr. P. C. has been extended to him. 2. Briefly stated the facts of the prosecution case as disclosed in the F.I.R. (Exh. PA/1) registered at Police Station Saddar Arifwala on the statement (Exh.PA) of Muhammad Murad, complainant (P.W.1) on 5-9-2005 are to the effect that on the same day at about 12/12.30 Noon he was present in his land. His niece Mst. Razia Bibi was to bring meal for him. When she did not reach there he got worried and therefore along with Muhammad Abbas and Liaqat he started her search. While they were going towards the village and reached near the land of Lal son of Mehram they heard cries and weeping of Mst. Razia Bibi coming from inside the maize crop. He stated that they saw Mumtaz son of Lakoo committing Zina-bil-Jabr on a heap of chuff inside the field of maize crop. They saw the occurrence themselves. Mumtaz…

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