Case Details

Citation(s)
2004 SLG 3076 = 2004 SLD 3076 = 2004 PLJ 33 = 2004 PCRLJ 716
Federal Shariat Court
Crl. A. No. 233/L of 2003, decided on 8.1.2004.
Presented By: MUHAMMAD ZAFAR NAEEM-Appellant versus
Mr. M. Yaqoob Khan, Advocate for Appellant. Rcga Abdul Rehman, A.A.G. assisted by Sardar M. Farooq Khan, Advocate for State.

MUHAMMAD ZAFAR NAEEM-Appellant

VERSUS

STATE-Respondent

Law: Criminal Procedure Code, 1898

Section: 410

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

Section: 10(3)

(i) Criminal Procedure Code, 1898 (V of 1898) S. 410-Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), S. 10(3)-Conviction and sentence of imprisonment awarded to appellant for offence of zina, assailed-Quantum of evidence- Appellant's plea that medical evidence does not support victim's version was misconceived-Various symptoms noted by doctor proved beyond doubt that victim was subjected to Zina-bil-Jabr-Mere fact that tears of hymen were found to be old does not mean that victim was not subjected to illicit lust as stated by victim.                        [Pp. 37 & 38] A (ii) Criminal Procedure Code, 1898 (V of 1898) S. 410-Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), S. 10(3)-Alleged discrepancies in statements of witnesses-No discrepancy in statements of victim and eye-witnesses was either found or pointed out-All witnesses made consistent statements whereby they supported and corroborated each other on all material points-None of such witnesses including victim or complainant had any motive or malice to falsely implicate appellant.                                         [P. 38] B (iii) Criminal Procedure Code, 1898 (V of 1898) S. 410-Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), S. 10(3)-Alleged lapse in evidence-Effect-Non-production of pieces of clothes i.e., Shalwar, Qameez and dopatta belonging to victim and non-examination of the same, would not result in throwing out whole prosecution case-Appellant's plea that envelop containing victim's swabs of semen had been interpolated was found to be fallacious-Authority of report of chemical examiner thus, could not be…
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