Law:

Section:

(a) Constitution of Pakistan (1973)- Art. 203-F-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(2)-Allegation of Zina-One out of two accused absconding-Leave to appeal granted to examine that if it was possible to visualise that prosecutrix consented to sexual intercourse with two different persons, one after the other, whether it was not reasonable to further assumed that due to enmity of accused (appellant) with Sardars of Village, he was implicated falsely (on account of said enmity) though only one accused (absconding) committed Zina. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) -- S. 10(2)-Zina-Plea of false implication by accused because of enmity-Nexus sought to be created by accused between background relations of Sardars of village with accused side and that of complainant side with accused too weak to be accepted as basis for false implication - Election rivalry and previous litigation between accused's family and Sardars of village and criminal litigation between a female relation of prosecutrix and accused side, held, by itself would not constitute enough material to indicate that accused was falsely implicated. (c) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)- -- S. 10(2)-Zina-Plea of false implication by accused because of enmity-Nothing available to suggest that prosecutrix, her parents or for that matter her brother had any reason to falsely implicate accused either to take revenge for any previous incident involving them (regarding which evidence was silent) or to have made such a serious charge at instance of Sardars of village to whom they were not so obliged in any manner, as to falsely implicate an innocent person-Testimony of prosecutrix inspiring confidence-Conviction of accused under S. 10(2) upheld in circumstances. M. Bilal, Advocate Supreme Court and Ch. Akhtar AU, Advocateon-Record for Appellant. Karam Elahi Bhatti, Advocate-on-Record for Respondent. Date of hearing: 18th May, 1985. JUDGMENT MUHAMMAD AFZAL ZULLAH, CHAIRMAN.-This appeal through special leave of this Court is directed against judgment dated 26-9-1984 of the Federal Shariat Court; Whereby the Criminal…

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