Law:

Section:

(a) Criminal Procedure Code (V of 1898)----Ss. 190(1) (c) & 191 Benefit of error committed by trial Court taking cognizance of offence under S 190 (1) (c), Cr. P. C. in not complying with provisions of S. 191, Cr. P. C. is available only to accused cognizance of whose case taken under S: 190 (1) (c), Cr. P. C: and not to any other accused. Babu and others v. The State 1969 P Cr. L J 226 and Abdus Sattar Molla v. The Crown P L D 1953 F C 145 ref. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) -- S. 10(3) Constitution of Pakistan (1973), Art. 185 Special leave to appeal Zina bil Jabr Statement of prosecutrix corroborated by medical evidence, chemical examiner's report and prosecution witnesses relied Conviction and sentence of accused maintained Petition dismissed. ORDER NASIM HASAN SHAH, J. At 3 or 4 p. m. on the afternoon of 15th August, 1981, Mst. Shahnaz Bibi, daughter of Rehmat Ali had gone from her house to a nearby field situate in Colony Ghulam Rasul belonging to Manzoor Ahmad (Lobar) for answering the call of nature. She had just eased herself and was tying her shalwar when the petitioner herein Muhammad Riaz and Yousuf accused arrived at the spot. Riaz allegedly gave her a push and felled her on the ground, while his companion Yousuf held her from her neck and gagged her mouth so as to prevent her from shouting and uttering any cries facilitating Muhammad Riaz to commit rape (Zina bil Jabr) upon her without interruption. Mst. Shahnaz, however, continued to make efforts to extricate herself from his clutches which efforts resulted in the breaking of her bangles. Soon after she was released by him, Waris son of Mahand Bakhsh, P. W. 8 and one Habib were attracted to the spot and. according to them, they saw Muhammad Riaz, Yousuf and also Manzoor (Lobar) standing in the chari field. At this moment, Mst. Shahnaz Bibi was allegedly putting on her shalwar. The F. I. R. lodged at the Police Station, Narowal by Mst. Shabnaz on the next day. The police appears to have challened Muhammad Riaz only considering the other two persons named by her, namely, Muhammad Yousuf and Manzoor Ahmad to be innocent. However, the learned Additional…

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