Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 10(2)

Law: Constitution of Pakistan, 1973

Section: 203F(2B)

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)   S. 10(2) Constitution of Pakistan (1973), Art. 203E (2B) Leave to appeal was granted to consider whether on the statement of the prosecutrix, who was found accomplice in the crime, conviction could be recorded without corroboration.  (b) Offence 6f Zina (Enforcement of Hudood) Ordinance (VII of 1979) .  S. 10(2) Appraisal of evidence Since the prosecutrix had judicially been found a Zania and her statement with regard to her abduction and commission of Zina bil Jabr by the accused with her had been found false, she was basically a dishonest witness and no implicit reliance could be made on her statement ¬In the absence on any independent reliable evidence of the commission of Zina by the accused with the prosecutrix, he could not possibly be convicted ¬Accused was acquitted in circumstances.  ORDER MUHAMMAD MUNIR KHAN, J.This appeal arises from the facts that Abdul Waheed appellant was tried on the charges of abduction of Mst. Robina Kausar, committing Zina bil Jabr with her, and taking away Rs.20,000 in cash and 2/1 2 Tolas of gold of Mst. Robina Kausar, by Additional Sessions Judge, Sheikhupura, who, on 11 1 1992, while acquitting him of the charges under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as the Ordinance) and section 14 of the Offences Against Property (Enforcement of Hudood). Ordinance, 1979, convicted him under section 10(2) of the Ordinance and sentenced him to ten years’ R.I., a fine of Rs.5,000 and in default to undergo further R.I., for six months, and thirty stripes. The appeal filed by him against his conviction and sentence was dismissed by the Federal Shariat Court on 2 9¬1992. Feeling aggrieved thereby, he filed petition for leave to appeal in this Court which was allowed to consider whether on the statement of Mst. Robina Kausar, who was found accomplice in the crime, the conviction could be recorded without corroboration. 2. In her statement, Mst. Robina Kausar has stated that at the eventful time she was in her house in village Fattuwala. Abdul Waheed came there and on the pretext of the…

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