Law:

Section:

(a) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----Ss. 3 & 7---Criminal Procedure Code (V of 1898), Ss.22-A & 22-B---Offence of Qazf---Appellant filed complaint against the respondent under S.7 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 which was dismissed in limine---Respondent filed petition under S.22-A, & 22-B, Cr.P.C. for registration of a criminal case alleging that appellant along with others had committed zina-bil-jabr with her---Said allegation was found false by Local Police during investigation and petition was dismissed as withdrawn---Appellant feeling aggrieved, filed complaint under S.7 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, about 21 months after withdrawal of petition filed under S.22-A, & 22-B, Cr.P.C.---Said inordinate delay had indicated some foulplay on part of the appellant---Trial Court finding that requirement of S.3 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 having not been fulfilled, dismissed the complaint---Respondent neither had appeared before the court, nor had made any statement---Petition, though found false by the Police, court did not give positive finding about respondent to be a liar---Respondent did not state in her statement under S.161, Cr.P.C. that appellant had committed intercourse with her---Said admission had not been contradicted/confronted---Various disputes existed between the parties---Impugned well-reasoned order of Trial Court, neither being perverse, arbitrary, nor frivolous, called for no interference by Federal Shariat Court---Appeal was dismissed, in circumstances. Altaf Hussain v. The State and 3 others 2005 PCr.LJ 758 distinguished. (b) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)-- ----S. 3(b)(c)---Offence of Qazf---Under S.3(b)(c), Offence of Qazf (Enforcement of Hadd), Ordinance, 1979, it was not qazf to prefer in good faith an accusation of zina against any person to any of those who had lawful authority over that person with respect to the subject-matter of accusation. JUDGMENT AGHA RAFIQ AHMED KHAN, C.J.---Appellant Muhammad Ashiq has preferred this appeal against order dated 21-1-2009 passed by the…

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