Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 203-F(2-B)--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(2)--Conviction on charge of Zina--Mere fact that prosecutrix was a consenting party not enough to disbelieve her nor for that reason her corroboration necessary--Disbelieving of two eye­witnesses closely related to prosecutrix and acquittal of two co-accused with benefit of doubt, not necessarily to react on accused's case-­Impugned not suffering from any infirmity of law or principle, leave to appeal refused. ORDER JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN.--This petition for leave to appeal is directed against judgment dated 29-11-1984 of the Federal Shariat Court; whereby petitioner's appeal from conviction under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 it was converted into one under subsection (2) of section 10 and sentence was reduced accordingly. The petitioner alongwith Muhammad Iqbal and Muhammad Akram, was tried for Zina-bil-jabr committed on Mst. Manzoor Begum an unmarried girl of fifteen years age. The co-accused of the petitioner were acquitted due to benefit of doubt by the trial Court. The petitioner who was an army employee had denied the charge and pleaded alibi. He was found guilty under section 10(3) of the Ordinance. The Federal Shariat Court did not believe the two eye-witnesses, close relatives of prosecutrix. It was also held that she was a consenting party. But relying on her testimony the finding of. guilty against the appellant was upheld though the offence was altered and sentence reduced.…

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