| Citation(s) |
|---|
| 2003 SLG 3018 = 2003 SLD 3018 = 2003 PLJ 25 |
High Court (AJ&K)
Crl. A. No. 10 of 2002, decided on 1.11.2002. (On appeal from the judgment of the Shariat Court dated 14.2.2002 in Criminal Appeal No. 38 of 2000)
Presented By: MUHAMMAD YUNUS SURAKHVI, C.J. AND KHA\VAJA MUHAMMAD SAEED, J.
Mr. Muhammad Yunus Tahir, Advocate for Appellant. Sardar Abdul Razik Khan, Addl. A.G. for State.
Crl. A. No. 10 of 2002, decided on 1.11.2002. (On appeal from the judgment of the Shariat Court dated 14.2.2002 in Criminal Appeal No. 38 of 2000)
Presented By: MUHAMMAD YUNUS SURAKHVI, C.J. AND KHA\VAJA MUHAMMAD SAEED, J.
Mr. Muhammad Yunus Tahir, Advocate for Appellant. Sardar Abdul Razik Khan, Addl. A.G. for State.
SHABBIR HUSSAIN-Appellant
VERSUS
STATE and another-Respondents
Law: Offence of Zina (Enforcement of Hudood) Act, 1985
Section: 10(3)
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 42
Law: Pakistan Penal Code, 1860
Section: 452
(i) Offence of Zina (Enforcement of Hudood), Act, 1985 -—S. 10(3)-Azad Jammu and Kashmir Interim Constitution Act, VIII of 1974, S. 42-Offence of Zma-fczZ-Jafer-Quantum of proof-Conviction and sentence awarded to appellant, assailed-Victim lady fully supported case of prosecution and had given satisfactory explanation about delay in lodging F.I.R.-Study of statement of victim shows that she has proved all contents of F.I.R.-Defence failed to get anything divulged from victim in favour of appellant during cross-examination-Statement of victim is confidence inspiring and she has successfully proved that she was subjected to Zina-bil-Jabr by appellant-Statement of victim was also supported by statement of her brother in law whose presence at the place of occurrence was natural and same was fully corroborated by evidence of lady doctor-Offence was, thus proved. [P. 28] A (ii) Offence of Zina (Enforcement of Hudood) Act, 1985 S. 10(3)-Minor contradictions in case of prosecution being quite natural, samp wn-« not material for the purpose of giving any benefit to appellantdespite all pressure and unfair methods used by relatives of appellant, case of prosecution against appellant stands established-Conviction order recorded by trial Court as affirmed by Shariat Court stands upheld. [Pp. 28 & 29] B (iii) Offence of Zina (Enforcement of Hudood) Act, 1985- —S. 10(3)—Offence of Zina-bil-Jabr was proved against appellant- Conviction and sentence awarded to appellant was maintained-Charge of S. 452 of P.P.-C. was, however, not proved against appellant, therefore, he was acquitted of that charge. [P. 30] F (iv)…