Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(3)/18---Penal Code (XLV of 1860), S.452---Appraisal of evidence---Accused could not have entered the place of occurrence as claimed by prosecution---More than five hours' delay in lodging the F.I.R. seemed to have been utilised to fabricate a false story---More than two Investigating Officers having no animosity against the complainant and no interest with the accused had found the accused innocent---Victim's testimony which suffered from material improvement was not only doubtful but the same was not corroborated by any independent, cogent and convincing evidence---Accused was acquitted in circumstances. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(3)/18---Penal Code (XLV of 1860), S.452---Investigating Officer's opinion---Impact on case---Opinion of the Investigating Officer cannot simply be brushed aside and some weight has to be given to such opinion. JUDGMENT Mst. Razia Sultana wife of complainant Abdul Ghaffar, resident of Mohallah Tariqabad, Sargodha was washing clothes in their cattle house opposite to their residential house on 8-7-1992 at 1330 hours. After washing the clothes she undressed herself to take bath but in the meantime appellant Zulqarnain, who lived in the house opposite to the residential house of the compliant, entered the cattle house of the complainant through the roof and forcibly took Ms Razia Sultana in his embrace and attempted to commit Zina-bil-Jabr with her. The alleged victim la. Razia Sultana raised noise whereupon N4whammad Sharif and Pervez Iqbal father and brother-in-law of the victim reached the spot and on seeing them the appellant escaped. The compliant went to Police Station Cantt. Sargodha on the same day at 1900 hours and recorded F.I.R. No- 133. 2 .After investigation the appellant was found innocent and he was discharged by the Illaqa Magistrate on 24-1-1993 whereupon the complainant filed a private complaint on 31-1-1993. The appellant was charged by Additional Sessions Judge, Sargodha under section 452, P.P.C. and section 10(3) read with section 18 of the Offence of Zina (Enforcement of Hudood)…

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