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

Section: 10

Law: Criminal Procedure Code (V of 1898)

Section: 342

  Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)_ ---- S. 10 --- Zina --- Pregnancy alone, whether sufficient to convict a woman for Zina --- Mere pregnancy is not sufficient to convict a woman for Zina, especially where she claims the pregnancy to have been caused due to her being raped and subjected to Zina-bil-Jabr by man/men who later were acquitted on any ground --- Woman, in circumstances, is also entitled to benefit of doubt.---[Mst. Jehan Mina v. The State PLD 1983 FSC 183 dissented from]. Mst. Jehan Mina v. The State PLD 1983 FSC 183 dissented from. Mst. Sakina v. The State PLD 1981 FSC 320; Mst. Safia Bibi v. The State PLD 1985 FSC 120; Mst. Siani v. The State PLD 1984 FSC 121 and Mst. Sukhan v. The State 1985 PCr. LJ I 10 ref. Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)- ---- S. 10(2) --- Zina --- Evidence --- Burden of -proof --- Prosecution in order to get a woman convicted for Zina has to prove on record by positive and independent evidence that she had, actually and in fact, committed Zina with her own free will and consent with another man to whom she was not lawfully married -- Proof of pregnancy or some form of medical testimony/report by itself would be of no consequence as the same would at best only serve to be corroborative in nature.--[Mst. Jehan Mina v. The State PLD 1983 FSC 183 dissented from). Mst. Jehan Mina v. The State PLD 1983 FSC 183 dissented from. Mst. Sakina. v. The State PLD 1981 FSC 320; Mst. Safia Bibi v. The State PLD 1985 FSC 120; Mst. Siani v. The State PLD 1984 FSC 121 and Mst. Sukhan v. The State 1985 PCr. IJ 110 ref. Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-   S. 10(2)---Appreciation of evidence --- Belated F. I. R. ---Inordinate delay in lodging the F.I.R. can only be vital in case of male accused, but can be of no consequence as regards the guilt of female accused in such context. Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-- ---- S. 10(2) --- Appreciation of evidence --- Delay in lodging the F.I.R. in the attending circumstances was of no consequence --- No positive and concrete evidence, other than the medical testimony, had…