Law: Constitution of Pakistan, 1973

Section: 199

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10/11

Constitution of Pakistan (1973)----Art. 199 --- Offence of Zina (Enforcemeat of Hudood) Ordinance (VII of 1979), S.10/11 --- Assistant Commissioner had discharged the accused of the case granting police request acting in a purely mechanical fashion without application of independent mind despite availability of sufficient material on record against him Complainant's application, in view of the patent illegality, was treated as a Constitutional petition and the order of Assistant Commissioner was set aside being a nullity in the eye of law directing the Investigating Agency to proceed with the matter in accordance with law.ORDER Abdul Majid complainant of the case registered vide F.I.R No.56 of 17-8-1992 under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Bhara Kahu, Islamabad, alleging that on reporting of hue and cry around 2-00 a.m. the couple woke up and identifying the shrieks emitting from Muhammad Ishaq respondent's Baithak across the street to be that of their tender-aged daughter Shabana (12/13 years) banged at the door urging for its opening up by which time they were joined by Aurangzeb, Mst. Azmat Bibi and Mst. Qudrat Jan from the neighbourhood, whereupon the victim was brought out by the respondent's mother and entrusted unto him (while the respondent spirited away) who revealed that she was overpowered by the respondent from the rear upon her stepping out of the house for responding to the call of nature and dragging her into the Baithak plugging her*mouth with a piece of cloth she was stripped off her Shalwar and forcibiy subjected to sexual assault to which she offered resistance and during the, struggle she had been biting on the respondent's upper limbs, feeling aggrieved by recording of the respondent's discharge, complained of the matter to the learned Chief Justice of Pakistan vide application dated 4-10-1992 which was referred to this Bench. 2. Consequently with, a view to examining the complaint of grievance entire record of the case was summoned, perusal whereof divulged that respondent has been discharged of the case by A.C. (Rural), Islamabad on 30-9-1992 granting the police…