Law:

Section:

Constitution of Pakistan (1973)-----Art. 203-F--Penal Code (XLV of 1860), S.377--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12--Sodomy with minor girl of 7/8 years-- Zina--Conviction based on deposition of victim and statements of three witnesses including her father, to whom she related incident immediately after occurrence, as also medical evidence-­No motive existing for false implication--Deposition of prosecutrix consistent and not suffering from any inherent infirmity--Defence plea that word "Zina" and not sodomy was used and prosecutrix had described act having been committed from her front side, repelled--Simple fact that victim and her father, or for that matter any other witness, used­ word "Zina" and not sodomy in their statements before police or at trial, will not make any difference because this expression has been used in relevant papers in a general sense implying illicit intercourse which undoubtedly is involved in sodomy as also in rape and sodomy on a child of very tender age could be committed in manner described-­Plea of alibi of accused not sustained--Petition being devoid of force, dismissed. Usman Ghani Rashid and Faizanul Haq for Petitioner. Nemo for the State. Date of hearing: 18th August, 1985. ORDER JUSTICE MUHAMMAD AFZAL ZULLAH (CHAIRMAN).--The peti­tioner a young man of 23 years of age was convicted and sentenced to 10 years R.I., fine of Rs.1,000 and 10 stripes under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance (NO.VI1 of 1979),­and to 5 years R.I. with Rs.1,000 fine, under section 377, P.P.C. with a direction for the substantive sentence to run concurrently. His appeal before the Federal Shariat Court failed. He has now sought leave to appeal. The victim in this case Mst. Ghazala P.W. is a minor girl of about 7/8 years of age. The petitioner who is a neighbour of her father took her to his house on a false pretext and committed sodomy on her. The lady doctor, on medical examination, found confirmation of the accusation namely, that the child had suffered marks of violence on her anal region. The prosecution evidence consisted of the deposition of the prosecutrix and the statements of…

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