Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(3)---Appraisal of evidence---Defence plea of alibi had not been established---Delay in lodging the F.I.R. did not make any difference as the occurrence had taken place at day time and there was no question of misidentification or fabrication of a false case---Non-proof of the presence of semen in the victim's vagina was immaterial as actual penetration had been proved by medical evidence which was sufficient to prove the offence of Zina­bil-Jabr---Non-recording of the victim's statement under S.161, Cr.P.C. by the Investigating Officer had not caused any prejudice to accused--- Solitary statement of the victim was sufficient to bring home the guilt to the accused---Conviction and sentence of accused were upheld in circumstances. JUDGMENT NAZIR AHMAD BHATTI, J.---Complainant Sanwar and his two relatives Rasool Bux and Makan were ploughing their cotton field on 23-8-1991 when at about 8-10 hours they heard the cries of Mst. Zahida, minor daughter of the complainant, from inside the sugarcane field of Makan. All the three went to the spot and saw appellant Haji Ayoob running away from the spot alongwith accused Younis and Ali Faqir. The complainant and his relatives went inside the sugarcane field and saw Mst. Zahida lying on the ground with her trouser way down. Upon their enquiries she told them that she was bringing meals for them when the three accused, who were standing on the Bannah, dragged her to the field where appellant Haji Ayoob committed Zina­-bil-Jabr with her while the other two accused held her by the arms and mouth. The trouser of the girl was stained with blood. The complainant first went to village Moro and narrated the occurrence to his Zamindar Jam Qarar Din and from there he went to Police Station Pabjo, District Nawabshah and recorded F.I.R. No. 17/91 at 18-10 hours. 2. Mst. Zahida, aged about 10 years, was examined by P.W.1 Lady Dr.Khalida Qadir on 23-8-1991 at 7-00 p.m. The lady doctor found serious pain and bleeding during pervaginal examination of Mst. Zahida. The lady doctor also found vaginal tear 1 c.m. in length extending from vagina towards perinium, hymen…

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