Law:

Section:

Penal Code (XLV of 1860)--- ----Ss.468/471 & 494---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(2)---Forgery for purpose of cheating, using as genuine a forged document, marrying again during life time of husband or wife and Zina---Appreciation of evidence---Complainant was not the eye-witness of the actual act of the alleged occurrence of zina and his statement about the occurrence of zina, was based on hearsay---Other witness was also not the witness of alleged occurrence of zina---Father of alleged victim girl/co­accused who had direct nexus with the case, had neither lodged the F.LR./private complaint, nor appeared at the trial as prosecution witness---Co-accused (alleged victim) while recording her statement under S.342, Cr. P. C. had stated that accused was her husband; that her ex-husband divorced her prior to her nikah with accused and after her divorce, her maternal uncle/complainant borrowed Rs.50,000 from father of the accused and that due to his greed he made her engaged with accused, but later on due to bad intention/mala fides, he refused to give her hand to the accused and that she with her free consent married with accused---Complainant, at the time of lodging the F.I.R., had himself reported that co-accused was divorced by her ex-husband three months prior to lodging the F.I.R.---Section 494, P.P.C. would have been attracted, if the marriage between accused and co-accused was declared `void' which was not the case here---Complainant having not been able to prove his case against accused, beyond any shadow of doubt, appeal of accused against his conviction and sentence, was accepted, he was acquitted and was released, in circumstances. Allah Dad v. The State and others 1992 SCMR 1273 rel. JUDGMENT SHAHZADO SHAIKH, J.---This appeal (Criminal Appeal No.50/L of 2007) was jointly filed by appellant Muhammad Ilyas and Mst. Khalida Parveen against the judgment dated 26-2-2007 delivered by the learned Additional Sessions Judge, Gojra, District Toba Tek Singh, whereby they were convicted and sentenced as under: (i) Appellant Muhammad llyas: Under section 494 of Three years' rigorous the imprisonment with fine of Pakistan…

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