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

Section:

JUDGMENT

JUSTICE KARIMULLAH DURRANI, MEMBER.-The appellant Zarab Ali Shah son of Lalbar Shah of village Gujar Garhi, Tehsil and District Mardan, and Ms' Zubeda wife of Raza Muhammad daughter of Hakim Khan of Samander Garhi, Tehsil Nowshera, District Peshawar were challaned alongwith five other co-accused, namely, Mst. Taj Mahla, Mst. Taslim Begum, Khanzada, Naeem, and Saleh Muhammad on the complaint of P. W. 11, Raza Muhammad under section 497/498/494, P. P. C. read with section 11/16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide First Information Report No. 216 dated 19-12-1979 registered in the Police Station, Nowshera Canton ment, District Peshawar. They were tried in the Court of Mr. Muhammad Azam Khan, Additional District and Sessions Judge, Nowshera. The trial ended in the conviction of the appellant under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. He was also convicted under section 16 of the said Ordinance and was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500, or in default to undergo two months' simple imprisonment under each count. An additional sentence of whipping by five stripes was also passed upon the appellant under the first count. The co-accused Zubeda was also convicted under section 10(2) of the Ordinance and sentenced to three years rigorous imprison ment with a fine of Rs. 500, or in default to undergo simple imprisonment for a further period of two months. Similarly; Mst. Taj Mahala was also convicted under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and sentenced in the like manner. The rest of the accused persons were acquitted. Out of three above-named convicts, Zarab Ali Shah has come on appeal to this Court against his convictions and sentence passed upon him.