Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(3)---Constitution of Pakistan (1973), Art. 203-F---Leave to appeal was granted to consider the point that swabs taken from vagina of victim were proved to be positive vide Chemical Examiner's Report while her medical examination took place after 26 days from the occurrence. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--S. 10(3)---Allegation of Zina-bil-Jabr---Swabs were taken from the vagina of victim after 26 days of the occurrence, which were shown by the Chemical Examiner's report as positive---Effect---Held, it was nearly impossible that semen remained in the vagina of the girl for such a long period---Result of swabs thus could not be attributed to the alleged accused whose commission of the offence was stated to have occurred 26 days earlier---Medical evidence in such a situation could not safely be relied upon.---[Evidence]. (c) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(3)---Allegation of Zina-bil-Jabr--- Medical evidence was not worth reliance---Ocular evidence produced by witnesses including the victim of, 10/11 years of age and her father and mother was by itself sufficient to prove a charge under S.10(3) against the accused for there was no motive for the parents of such minor girl to implicate a person in an offence which could bring a bad name to their minor girl and put her honour at a stake---Even if medical evidence and the report of the Chemical Examiner were excluded from the consideration the prosecution had produced enough material for the conviction of the accused in circumstances. (d) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(3)---Allegation of Zina-bil-Jabr-- -Sentence---Accused was of tender age and at the time of occurrence he was 17 years of age and had already suffered imprisonment as long as about 6 years---Supreme Court reduced the sentence of accused to the period already undergone by him while maintaining the sentence of stripes intact.---[Sentence--Age]. JUDGMENT JUSTICE MUHAMMAD TAQI USMANI (MEMBER).---The appellant faced the trial before the learned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492