Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(2)---Constitution of Pakistan (1973), Art. 185(3)---Complainant had challenged the release of the two accused on bail as well as the adverse remarks passed by High Court against him---Except the statement of female accused recorded under S. 161, Cr.P.C. no other evidence was available to connect the accused persons with the offence---Female accused had also alleged in her statement recorded under S. 164, Cr.P.C. that the complainant had sexual intercourse with her prior to Rukhsati---Leave to appeal was refused in circumstances---Adverse remarks passed by High Court against the complainant could prejudice his case, same, therefore, were deleted from the order. JUDGMENT MIR HAZAR KHAN KHOSO, J.---This petition for leave to appeal is directed against the order dated 18-5-1994 passed by the Single Judge of Peshawar High Court, Bench Abbottabad, whereby respondents Muhammad Firdous and Mst: Farzana Bibi were released on bail and certain adverse remarks were also passed against the petitioner. 2. It is case of the petitioner that the he got married with Mst. Farzana Bibi. Nikah, and Rukhsati took place on 22-10-1993. However, while performing conjugal rights he found his wife to have distended stomach. He thus suspected that she was already pregnant. Respondent Mst. Farzana Bibi pretended that the swelling was due to stomach trouble. However, on her examination by a doctor she was found to be pregnant. The petitioner, therefore, moved an application before the Ilaqa Magistrate apprising him of her illegitimate pregnancy. The learned Magistrate sent the application to S.H.O., Police Station, Abbottabad Cantonment for necessary action. The S.H.O. registered a case against Mst. Farzana Bibi. In her statement recorded under section 161, Cr.P.C. she disclosed that respondent Muhammad Firdous had committed illicit intercourse with her. Applications for her…

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