Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 16, 22

Law: Penal Code (XLV of 1860)

Section: 376

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Offence of Zina (Enforcement of 14adood) Ordinance (VII of 1979) And Islamic Penal Laws Act, Sa. 16 to 22--On enforcement of Hadood ordinance, provisions f Ss. 16 to 22 stand repealed-Cases of Hadd, held, no more covered by Islamic Penal Laws Act, 1974.-[Hadd]. (b) Tazeerat Act S. 26 (2)-`Qisas'-Evidence according to number of witnesses not available or evidence in requisite quantity available but witnesses or any of them not considered as just (Aadal)-Accused, held, cannot be subjected to sentence of `qisas'.--[Qisas]. (c) Tazeerat Act  S. 26 (2)-Witness, purgation of-Provisions of purgation, held, invokable only in cases of eye-witnesses in a murder case-No other witness could be subjected to process of purgation.-[Witness]. (d) Tazeerat Act  Ss. 24(1) & 26(2)-Witness, purgation of-Purgation, held, necessary in case of eye-witnesses and none else-Eye-witnesses not available-Evidence comprising of retracted confession, recoveries and medical evidence etc.-Failure of Qazi to carry out purgation, held, was not fatal to case.[Witness]. (e) Penal Code (XLV of 1860) S. 376-Rape (Zinc)--Contention that offence of rape not cover ed by Islamic Laws Act and at relevant time Islamic Laws relating to `Zinc' not enforced, therefore offence under S. 376 triable by Court of Sessions, held, not tenable-Sessions Judge being one of members of District Criminal Court competent to hold trial in case of rape-Islamic Laws Act-Criminal Pro cedure Code (V of 1898), Sched. 11, Column 8.-[Rape]. (f) Islamic Penal Laws Act S. 5-Pepal Code (XLV of 1860), S. 376-Murder-Rape-F.I.R. lodged immediately-Accused confessing guilt and leading Police to recoveries of hatchet and clothes on same day-Blood stained shirt and semen-stained `shalwar' of accused recovered at his instance from his room-Blood-stained hatchet also recovered from accused's room at his instance-Such articles found blood and semen-stained-Credibility of witnesses unimpeachable-Held, evidence connects accused with commission of offence. [Evidence). (g) Criminal Procedure Code (V of 1898) S. 164-Confession, retracted-Retracted confession, a strong -piece of evidence-As a rule of prudence,…