Law:

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Constitution of Pakistan (1973)------ Arts. 185 (3), 203-DD &n 203-F (2-B) read with Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11 and Criminal Procedure Code (V of 1898), Ss. 439 & 561-A--Trial for offence of Zina--Arguments that only Federal Shariat Court was vested with power to interfere with order of Sessions Judge passed under Hudood Ordinance and such interference was not within jurisdictional competence of High Court and that impugned order of High Court would stifle prosecution in complaint case lodged by petitioner against co-accused respondents-Leave to appeal granted to consider arguments raised. Abdul Hakim Khan, Senior Advocate Supreme Court and Akhtar Ali, Advocate-on-Record (absent) for Petitioner. Qasim Imam, Advocate-on-Record and Khan Bahadar Khan, Advocate Supreme Court for Respondents. Date of hearing: 19th November, 1983. ORDER MIAN BURHANUDDIN KHAN, J.-Leave is sought to appeal against the judgment and order of a learned Single Judge of the Peshawar High Court dated. 2-7-1983 passed in Cr. Misc. No. 91 of 1983. 2. According to petitioner Mst. Bakhtina, she is legally wedded wife of one Abdullah, resident of Calandar Kas Dakhli Banna, Tehsil Batgram, District Mansehra. She was abducted from her husband's house on the night between 3/4-5-1981 by Gul Rahman accused and his companions. After her abduction she was taken to the house of Ahmad Khan wherefrom she was taken by Saltnat Khan to his house where she was subjected to illicit intercourse forcibly. Later on, she was taken to the house of accused/ respondent Asfandyar in Swat where again she was forced to submit to sexual intercourse. A report was lodged by Abdullah husband of the petitioner on 4-5-1981 in Police Station Banna, Allai, District Mansehra. It is alleged that Saltnat Khan respondent passed on the abductee to Ayub and Ahmad Khan to dispose her off-by selling her. The petitioner was brought to Mansehra where the police party met the accused who left the petitioner alone and decamped. The police took the petitioner into custody and got her statement recorded under section 164, Cr. P. C. on 14-2-1982. In her statement she implicated the…

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