Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-----Ss. 10 (3) & 11--Appeal against conviction and sentences--Prosecutrix admitting that she had not raised any alarm nor made any effort to escape, despite ample opportunity--Prosecutrix remained with another person and did not go to her parents house after having escaped--Her conduct showing that she was not forcibly abducted--Medical evidence indicating her age 18 years--Probability being that prosecutrix was a consenting party, conviction under S.11 set aside and that under S. 10(3) altered to one-under S 10 (2) and sentence reduced. JUDGMENT MUHAMMAD AFZAL ZULLAH (CHAIRMAN),--These two matters Criminal Appeal No. 7 (S) of 1984 and Criminal Jail Petition No.5-R (S) of 1984, arise out of the same judgment. They are being disposed of together. 2. Both the convicts in these matters are brothers inter se. The Criminal Appeal has been filed directly as of right.-The matters are so connected inter se that it would be essential to hear the Jail Petition also as an appeal. Therefore, we convert it into an appeal and proceed to dispose it off accordingly. 3. These appeals are directed against judgment dated 10-3-1984 of the Federal Shariat Court; whereby the conviction under section 10 (3) of the Offence of Zina (Enforcement of Hudood) Ordinance (No.VII) of 1979, of Muhammad Rafiq appellant and sentence of 14 years R.I. and 15 lashes awarded to him were upheld. And when dismissing the appeal of Muhammad Siddique from conviction under section 11 of the Ordinance the sentence of 14 years R.I. 15 lashes and Rs.5,000 fine in default where of three years R.I. was enhanced to life imprisonment, 15 lashes and Rs.5,000 fine in default whereof three years R.I 4. The cases against the two appellants as contained in the deposition of Mst. Nasreen alias Naseem P.W. the prosecutrix, is as follows:- "I used to reside with my father at Khanewal. Siddique accused used to reside just opposite to our residence. Siddique accused took me on the pretext to take me to the house of my maternal ­uncle as my stepmother used to treat me with cruelty. I accompanied him but the said accused instead of taking me to the house of…

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