Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---Ss. 6 & 10 Zina bil Jabr Federal Shariat Court altering conviction for Zina bil Jabr to one of Zina on assumption of there having been a possibility of victim being a consenting party and consequently reducing sentence passed by trial Court Correct age of victim being only 16 years, accused petitioner being a fully grown up male, victim having a frail body, bearing marks of violence on back of both forearms indicat¬ing use of brutal force, case, held, could not be one of consent and question of directing retrial did not arise Constitution of Pakistan (1973), Art. 203 F (2 B). ORDER MUHAMMAD AFZAL ZULLAH, J. This leave petition under Article 203 F (2 B) of the Constitution calls in question the conviction and sentence of petitioner for Zina, under section 10 (2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The challenge is to the judgment dated 4 5 1982 of the Federal Shariat Court whereby the conviction was altered from Zina bil-jabr to Zina on the assumption that there was a possibility of the victim being a consenting party, the sentence was also consequently reduced. After hearing the learned counsel in support of his two fold submission that if it was a case of consent…

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