Law: Criminal Procedure Code (V of 1898)

Section: 497, 498

Law: Penal Code (XLV of 1860)

Section: 83

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

Section: 10

(a) Criminal Procedure Code (V of 1898) Ss. 497 & 498 read with Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10-Zina, offence of-Bail, jurisdiction to grant of-Zina Ordinance creating Federal Shariat Court with appellate jurisdiction, nevertheless not expressly or by necessary intendment abolishing jurisdiction of superior Courts nor repealing Ss. 497 & 498, Cr. P. C.---Jurisdiction of High Court, held, cannot be deemed to have been ousted simply by inferences and express and plenary powers of superior Courts continue to exist.-[Jurisdiction]. Zahoor Elahi v. The State P L D 1977 S C 273 rel. (b) Criminal Procedure Code (V of 1898) S. 497 read with Penal Code (XLV of 1860), S. 83 and offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10--- Juvenile offender-Bail, grant of-Petitioner, accused of offence Zina, a minor about 9/10 years old and hardly aware of what he was actually doing and that it constituted a serious offence-Question of commission of offence of Zina, held, hardly arises, in circumstances-- Mere fact that recorder of F. I. R. put down S. 10 of Zina Ordinance, held further cannot result in ousting jurisdiction of High Court nor in circumstances petitioner disentitled to bail-Bail allowed.-[Juvenile offender].                                                                                                                 ORDER The allegation against the petitioner, who is stated to be of 11/12 years, is that he took away a little girl aged 21 years outside the village in a field and committed rape on her. A case under section 10/VIII/79, Zina Hudood Ordinance 1979 was registered against the petitioner on the same day i.e. 22-6-1980. The petitioner was arrested. An application for bail was filed before the learned Additional Sessions Judge who dismissed the same on 3-7-1980. Another application was filed on the ground that the…