| Citation(s) |
|---|
| 1983 SLG 181 1983 SLD 181 1983 SCMR 935 |
Supreme Court of Pakistan
Jail Petition No. 42 R of 1982, decision dated: 28-06-1983.(On. appeal against the judgment of Peshawar High Court in Jail Cr. Appeal No. 157 of 1980, dated 24 2 1982 and against Criminal Appeal No. 5311 of 1982)
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
K. E. Bhatti, Advocate Supreme Court for Petitioner. Mian Ajmal, Asstt. A. G. (N.W. F. P.) for the State
Jail Petition No. 42 R of 1982, decision dated: 28-06-1983.(On. appeal against the judgment of Peshawar High Court in Jail Cr. Appeal No. 157 of 1980, dated 24 2 1982 and against Criminal Appeal No. 5311 of 1982)
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ
K. E. Bhatti, Advocate Supreme Court for Petitioner. Mian Ajmal, Asstt. A. G. (N.W. F. P.) for the State
MUHAMMAD ASLAM
VS
THE STATE
Law:
Section:
(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- [As amended by Offence of Zina (Enforcement of Hudood) (Amend¬ment) Ordinance (XX of 1980), S. 21, S. 20 By virtue of amendment appeal from order of Sessions made to lie before Federal Shariat Court Sessions Judge convicting and sentencing accused before amend¬-ment Appeal, held, competently entertained by High Court, amendment being not retrospective effect. Federation of Pakistan v. Muhammad Siddique 1980 S C M R 443 fol. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) S. 10 (3) Constitution of Pakistan (1973), Art. 185(3)-Leave to appeal Zina bil Jabr Statement of prosecutrix and her mother supported by medical evidence, Chemical, Examiner's Report and incriminating recoveries made soon after occurrence Case, against accused, held, established Leave refused in circumstances. ORDER SHAFIUR RAHMAN, J. The petitioner, a convict under section 10 (t) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, seeks leave to appeal from jail against his conviction and sentence which was main trained in appeal by the Peshawar High Court by its judgment dated 24 2 1982. The case against the petitioner was that on the morning of 29 11 1979 Mil. Farhat Bibi aged about 10 or 11 years was proceeding from her house in Haripur for fetching. milk. The petitioner who had a shop close to her house intercepted her, forcibly carried her inside the room and committed rape on her. After being released by him the girl went to the shop for bringing milk and returned to the house. On inquiry by her mother Mst. Safia Sultan (P.W. 3) for being late she disclosed what had happened to her. They contacted M. Ayub A. S. I. who recorded a report on the statement of Mst. Farhat Bibi at 11 45 a. m. and sent it for registration of the case. A number of incriminating articles were recovered in the case. The cot on which rape had been committed had blood stains. The ropes thereof were cut and taken into possession and so was the shalwar of the victim of rape and that .of the appellant. The appellant was arrested on the 2nd of December, 1979. Mst. Farhat Bibi was medically examined by Dr. Mumtaz (P. W. 8)…
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