Law:

Section:

Constitution of Pakistan (1973)---Art. 203-F--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12--Penal Code (XLV of 1860), S. 377--Conviction on charge of abduction and unnatural offence--Considerable delay in lodging of F.I.R. lending support to contention that some doubt regarding identity of culprits may have existed--Absence of clear evidence with regard to exact place of abduction /commission of offence--Leave granted to re-appraise evidence to determine offence, if any, which stood established in law against petitioners. ORDER NASIM HASAN SHAH, J.--This petition is directed against the judgment of the Federal Shariat Court, dated 3-2-1985 whereby the appeal filed by the petitioners against the Judgment of the learned Additional Sessions Judge, Rawalpindi, dated 25-10-1984 convicting them under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance VII of 1979) and sentencing them to undergo R.I. for 15 years each and a fine of Rs.10,000 each and also convicting them under section 377, P.P.C. and sentencing them to ten years' R.I. and a fine of Rs.10,000 was dismissed. The case of the prosecution against them was that at about Degherwela on 27-3-1983, Shahbaz Safdar (P.W.2), a young boy of five years, was playing in the street outside his village when he was induced by the petitioners Abdul Wadood (aged 18 years) and Ghazanfar Ali (aged 21 years) to go alongwith them into the field where they would give him some berries. There they instead committed sodomy upon him, one after the other. The report in- this connection was lodged at Police Station Gujar Khan on 29-3-1983 and a case against the petitioners was registered. They were tried, convicted and sentenced as mentioned above and their appeal also failed. Hence this petition for leave to appeal in this…

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