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

Section: 10(2)

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) S. 10(2)-Zina-Prosecution witness, maker of first information report, stating male accused appellant having had illicit relations with female accused appellant but such allegation not made in first informa tion report-Statement being an improvement unbelievable-Other prosecution witness making an exaggerated statement about his visit alongwith other prosecution witness to house of male accused for restoration of female accused-Not possible for a person going for return of abductee to stay with abductor, as stated by witness, nor possible for abductor to commit Zina with abductee in his presence and in open-Evidence of such witness being unbelievable, no evidence left against male accused to prove commission of Zina Accused, held, entitled to acquittal.-[Witness]. (b) Muhammadan Law Marriage, validity of-Marriage between fornicators during preg nancy of woman-Held : Valid-Marriage between a woman becoming pregnant as a result of Zina by one person with another also valid during pregnancy though such persons forbidden to have sexual inter course before delivery. Fathul Qadeer, Vol. 3, p. 145 and Muhammadan Law by Syed Amir Ali, Vol. II, pp. 253 to 255 ref. (c) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) S. 10(2)--Zina-No other evidence existing on record to prove com mission of Zina by woman accused except such as produced to involve male accused and such evidence disbelieved as improbable Woman accused found to be pregnant and pregnancy taking place earlier than date of her elopement with male accused-Pregnancy, as alleged by female accused, likely result of her having been compelled to have sexual intercourse with various visitors to her house-No material left on record to hold such accused having been committing sexual intercourse with others willingly-Consent of accused being absent, accused, held, cannot be held to have committed offence of Zina. [Evidence-Zina]. Date of hearing : 6th August, 1981.                                                  …