Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--S. 10(3)---Penal Code (XLV of 1860), S. 458---Appreciation of evidence---Delay in lodging the F.I.R. had been plausibly explained by the complainant--­Both the victim girls and their parents having no enmity, ill-will or grouse against the accused for their false implication had made consistent statements on the main features of the case supporting the prosecution version---Ocular account was substantially supported by medical evidence and detection of semen on the vaginal swabs---Defence version on the face of it was preposterous and had not been substantiated---Convictions and sentences of accused were upheld in circumstances. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(3)---Penal Code (XLV of 1860), S. 458---Delay in F.I.R.---Delay in F.I.R. assumes importance where the parties are inimical and the number of accused is out of proportion to the nature of the crime.---[First Information Report]. JUDGMENT JUSTINCE MUHAMMAD RAFIQ TARAR, (CHAIRMAN)--­Ajaib alias Ajba and Ghulam Abbas alias Abasa appellants were tried by the learned Special Court for Speedy Trials, Multan, on the allegation that on the night between 7th and 8th of January, 1993 at about mid-night while armed with fire-arms they trespassed into the house of Muhammad Hayat complainant who was living in the said house with his wife and children and on threats of death Ajba committed Zina-bil-Jabr with his unmarried daughter Mst. Mumtaz Mai and Abasa ravished his other unmarried daughter Mst. Shahnaz Mai. By judgment dated 9-2-1993 both of them were convicted under section 458 of the P.P.C. and section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. For the former offence they were sentenced to 10 years' R.I. and a fine of Rs.20,000 each and in default in the payment thereof to suffer further R.I. for one year each. For the commission of Zina-bil-Jabr they were sentenced to R.I. for 25 years and whipping numbering 30 stripes each with the direction that both the sentences shall run concurrently. The convicts have appealed. 2. The brief facts of the prosecution case are that…

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