Law:

Section:

Constitution of Pakistan (1973)--- Art. 203-F(2-B) read with Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11-Offence of Zina-bil-Jabr-­Conviction for-Submissions of petitioner's counsel relating to appraisal of evidence on facts-Evidence satisfactorily examined, analysed and credibility pact thereof separated by two Courts seized of matter-­Credibility of statement of victim not impaired in giving benefit of doubt to co-accused-Credit worthy medical report with regard to sexual intercourse committed with victim-Absence of injuries on person of victim not negativing or shaking her testimony on question of Zina-bil-Jabr-Neglect or omission on part of prosecution with regard to scientific test of semen stains or grouping of sperms not such: as may materially affect other evidence-Value of such evidence only confirmatory of ocular evidence coming on record-Case not one of false implication or substitution-Leave to appeal refused-Petitioners however, allowed benefit of period of detention as undertrial prisoners in computing sentence awarded to them under S. 382-B, Criminal Procedure Code (V of 1898). Mst. Ehsan Begum v. The State P LID 1983 F S C 204 cited but not examined. Hassan Ahmad Khan Kanwar, Advocate Supreme Court and Sh. Salah-ud­-Din, Advocate-on-Record for Petitioners. Nemo for the State. Date of hearing: 18th October, 1983. ORDER SHAFIUR RAHMAN, J.--The two petitioners whose convictions and sentence under section 10(3) of 'the Offence. of Zina (Enforcement of Hudood) Ordinance have been upheld by the Federal Shariat Court by its judgment, dated 25-6-19b3, seek leave to appeal against that judgment under Article 203-F (2-B) of the Constitution. The prosecution case against the petitioners was that a s1ster of Ahmad appellant (aged 22 years) was married to Mumtaz (aged 40 years) the other appellant. On 4th of November 1981 Mst. Rashidan (P. W. 7) (aged 15/16 years) was employed in the field of Mst. Nur Ilahi, the wife of Mumtaz appellant and the s1ster of Ahmad appellant for picking cotton. At about peshiwela she felt thirsty and went to the hand-pump in the company of Meena, a s1ster of Ahmad appellant. The hand-pump was…

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