Law:

Section:

(a) Constitution of Pakistan (1973)-------- Art. 185(3)-Offence of Zina (Enforcement of Hudood) Ordi­nance (VII of 1979), Ss. 10(2) & 10(3)-Allegation of Zina­bil-Jabr-Eye-witnesses not relied upon due to some discrepancies ­Medical evidence was positive with further finding that prosecu­trix was used to sexual intercourse- Federal Shariat Court holding that notwithstanding exclusion of eye-witnesses there was enough material to show that accused was culprit but keeping in view all. circumstances it was a case of consent and conviction and sentence was altered from S. 10(3) to 10(2)-No inherent infirmity in depo­sition of victim except element of possible consent found-No reasons shown to prove that prosecution falsely implicated accus­ed-Accused, held, was rightly convicted under S. 10(2) in circum­stances. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---- -- S. 10(2)-Zina-Consent-Whether a consenting woman should not be relied upon in cases of Zina or her testimony should not be accepted without corroboration. No hard and fast rule can be laid down. It depends upon the facts and circumstances of each case. The case-law relevant to cases under section 376, P. P. C. wherein consent of the victim above a certain age, was complete defence is no more strictly attracted to offences under offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), whereunder consent does not absolve the offender totally. Zafar Pasha Chaudhry and Mahmood A. Qureshi Advocate on Record for Petitioner. Nemo for Respondent. Date of hearing : 14th September, 1985. ORDER MUHAMMAD AFZAL ZULLAH, CHAIRMAN.-Leave to appeal has been sought from judgment, dated 17-3-1985, of the Federal Shariat Court where­by the petitioner's appeal from conviction under S. 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), was only partly allowed with a finding of guilty under section 10(2) instead of 1.0(3) ; with the reduction of sentence from 15 years' R. I. to 5 years' R. I. maintain­ing the sentence of 30 stripes. The prosecution case was that Mst Sughra the prosecutrix was inveigled by the…

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