Case Details

Citation(s)
1986 SLG 333 1986 SLD 333 1986 SCMR 125
Supreme Court of Pakistan
Criminal Petition No. 32-R (S) of 1985, decision dated: 14-09-1985. (Against judgment and order, dated 7-2-1985 of the Federal Shariat Court in Criminal Revision No. 16/1 of 1984).
NASIM HASAN SHAH, SHAFIUR RAHMAN, AND MUHAMMAD TAQI USMANI, JJ

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MUHAMMAD SABIR

VS

ABDUL QAYYUM and others

Law:

Section:

Constitution of Pakistan (1973)----Art. 203-F--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) S. 10(3)--Offence of Zina--Petition for leave to appeal against acquittal of accused--Trial Court finding that some portions of statement of victim woman not inspiring confidence and that she had willingly gone with persons against whom she was making allegations of forcible removal--Way in which she gave evidence creating an impression on mind of trial Court that she was a person of easy virtue and convenient conscience--Lady doctor examining victim stating that she was habituated to sexual intercourse--Neither principle of law violated nor any material fact ignored in acquittal of accused--Leave to appeal refused. M. Kowkab Iqbal, Advocate Supreme Court/Advocate-on-Record for Petitioner. Rab Nawaz Noon, Advocate Supreme Court for Respondents Nos. 1 to 3. Ejaz Ali, Advocate-on-Record for the State. Date of hearing: 14th September, 1985. ORDER SHAFIUR RAHMAN, J.--The petitioner, a complainant in a case registered under sections 10(3) and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as the Ordinance), seeks leave to appeal against the judgment of the Federal Shariat Court, dated 7th of February, 1985 whereby the appeal of Abdul Qayyum respondent against his conviction under section 10(2) of the Ordinance was accepted, his conviction and sentence was set aside and he was acquitted and the acquittal of the other two respondents was not interfered with in a revision petition filed by the petitioner against their acquittal. Mst. Majida, the prosecutrix, claimed to have abused on two occasions Abdul Qayyum respondent who was a Bus conductor and had made indecent overtures. He had threatened her and ultimately with the assistance of the other two respondents, picked her up on 13-1-1984; he had taken her to various places and committed rape on her alongwith the respondent No. 2. A report of the occurrence was lodged the next day at 1-20 p.m. Mst. Majida was abandoned by the respondents in a jungle and recovered from there. She was examined by Lady Doctor Zahida Shaheen (P.W. 4) who found two bruises one each on the…
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