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

Section: 10(3)

Law: Constitution of Pakistan, 1973

Section: 203F(2-B)

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)   S. 10(3) Constitution of Pakistan (1973), Art. 203 F (2 B) Zina bil. Jabar Appreciation of evidence Leave to appeal was granted to appraise the evidence on record and to consider whether the principles laid down by the superior Courts for appreciation of evidence in cases of Zina bil Jabr had been kept in view.  (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)   S. 10(3) Constitution of Pakistan. (1973), Art. 203 F (2 B) Appraisal of evidence Delay in lodging the F.I.R. had been plausibly explained ¬Statement of prosecutrix was trustworthy which was supported by the credible evidence of eye witnesses who had been attracted to the scene of occurrence on her cries Medical evidence had also corroborated the prosecution version Prosecution had discharged its burden by having proved penetration in the vagina Conviction of accused was upheld in circumstances Sentence of 14 years’ R.I. awarded to accused was, however, reduced to 5 years’ R.I. as the vaginal swabes were not found to be semen stained and redness was found only on the outer part of victim’s vagina.  (c) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)   S. 10(3) Appreciation of evidence Related witness Mere relationship of witness with the victim is not sufficient to discard his evidence unless it suffers from inherent defects. [Witness].  (d) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)   S. 10(3) Zina bil Jabr Proof Slightest penetration is sufficient to prove charge of rape Prosecution need not necessarily prove presence of semen in the vagina.  JUDGMENT MIR HAZAR KHAN KHOSO, J:The appeal by leave of this Court is directed against the judgment dated 15 11 1993 of the Federal Shariat Court whereby appeal filed by the appellant against his conviction and sentence awarded to him by the learned Additional Sessions Judge, Layyah, on 25 2 1993 under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as the Ordinance) was dismissed. 2. The background of this appeal is that on…

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