Law:

Section:

(a) Constitution of Pakistan (1973)----Art. 203-F--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(2)--Leave to appeal--Plea of petitioner that he had been falsely implicated by eye-witnesses not finding any support from record--No enmity established--Evidence not suffering from discrepancies or infirmity of law or principle--Statement of female accused made to witnesses immediately after discovery of offence disclosed commission of Zina--Circumstances in which both male and female accused were found by witnesses and other circumstances appearing in evidence were sufficient to conclude that couple had committed sexual intercourse--No justification, held, was present for interference with concurrent findings of two Courts that accused- persons did indulge in what witnesses had found--Leave to appeal refused in circumstances. (b) Constitution of Pakistan (1973)----Art.203-F--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(2)--Leave to appeal--None of two Courts below had devoted any attention to conduct of accused (female) raising a protest of innocence soon after discovery--Accused made statement explaining her conduct on basis of which F.I.R. was also registered--Accused would have been a witness if not arrayed as an accused person, and had she been examined as witness or otherwise under oath and had been asked all questions relating to points which prevailed with Federal Shariat Court regarding her conduct, she might have satisfactorily answered and explained same--Feature which go in favour of accused, held, would need consideration--Supreme Court while condoning delay--filing petition, granted leave to appeal in circumstances. Muhammad Aman Khan, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record for Petitioner (in S.P. 46-R(S) of 1985). Nemo for Petitioners in J.P.22-R(S)/85). Bashirullah Khan, Asstt. A-G., N.-W.F.P. for Respondent (in both Cases). Date of hearing: 15th September, 1985. ORDER JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN.--Leave to appeal has been sought from judgment, dated 21-5-1985 of the Federal Shariat Court; whereby conviction of the petitioners under section 10(2) of the Offence of Zina…

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