Law:

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Constitution of Pakistan, (1973)--Art. 203-F--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10(2) & 16--Conviction on charge of Zina and enticing away married women--Set aside in appeal--Order impugned--Prosecution having failed to establish any valid marriage or Nikah of complainant with accused woman on alleged date beyond reasonable doubt and she being a major girl, her contracting marriage with co-accused and their living is husband and wife not to Constitute any offence--Plea to reappraise evidence repelled firstly because of thorough appraisement of evidence already made by appellate Court and secondly because reopening of matter would not be conducive in interest of society or justice in circumstances of case--Not being a fit case for grant of leave to appeal, petition dismissed. ORDER JUSTICE NASIM HASAN SHAH, MEMBER.--This is a petition directed against the order of acquittal of Zafar Sultan and Mst. Ghulam Ayesha, respondents Nos.2 and 3 herein, passed by the Federal Shariat Court on 14-1-1985 in Criminal Appeal No.127/L of 1984. According to Noor Hassan (petitioner herein) Mst. Ghulam Ayesha (respondent No. 3 herein) is his legally-wedded wife, their Nikah having been performed on 18-8-1971. Out of the said wedlock a child named Muhammad Qazzafi was born in 1974, who is now aged 10/11 years. His case is that Zafar Sultan (respondent No. 2 herein), who was their neighbor, after developing illicit relations with his wife in the year 1978 abducted her. In connection with the said abduction a case under section 498, P.P.C. was got registered against him. However, his wife came back, but on 22-1-1980 when she had gone to see her mother, Mst. Rehmat Bibi (P.W. 2), she was again forcibly abducted by respondent No. 2 (Zafar Sultan) and was having sexual intercourse with her. He also abducted the minor child of the petitioner. The petitioner, therefore, was obliged to lodge another F.I.R. (on 25-1-1980) under section 10(2) of Enforcement of Hudood (Zina) Ordinance, 1979 against Zafar Sultan and Mst. Ghulam Ayesha and a case was registered against them for these alleged offences. The above case was tried by the Additional Sessions…

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