Law:

Section:

Constitution of Pakistan (1973)-----Art. 203-F--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) S.10(2)--Petitioners convicted under S.10(3)--In appeal before Federal Shariat Court plea was raised that marks of violence found on body of two victims were such that they could be result of beating by their own husbands--Conviction altered to one under S.10(2) of Ordinance (VII of 1979) and sentence reduced--Leave to appeal sought against conviction--Conviction that deposition of victims could also have been result of torture and beating by their husbands and that petitioners were entitled to benefit of doubt, repelled--On careful examination of marks of violence on body of two victims Supreme Court viewed that nature of some marks of injuries was such that they could very well have been sustained during resistance by ladies and not necessarily by beating of their own husbands in respect of which there was no material on record--There was also no enmity against petitioners--Supreme Court disagreed with order altering conviction but there being no appeal against acquittal of charge under S.10(3), it declined to interfere and refused leave to appeal. Kh. Muhammad Yousaf Saraf, Advocate Supreme Court and M. Kowkab Iqbal, Advocate-on-Record (absent) for Petitioners. Nemo for the State. Date of hearing: 26th July, 1986. ORDER MUHAMMAD AFZAL ZULLAH (CHAIRMAN).-- Leave to appeal has been sought from judgment, dated 23rd January, 1986, of the Federal Shariat Court; whereby an appeal arising out of conviction and sentence of 10 years R.I. and 20 stripes in a case of Zina-bil-Jabr under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance (No. VII) of 1979, was partly allowed the offence was altered from 10(3) to 10(2) of the Ordinance and the sentence was reduced to 7 years R.I. 20 stripes and a fine of Rs.1,000 to each of the two petitioners, The prosecution case is that two grown up married ladies Mst. Sakina and Zarina the victims in this case who are also related to each other, left their village to visit a Mazar at a distance of about 10 miles. They travelled by bus for about 8 miles and thereafter, the remaining distance was to be…

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