Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--S. 10(3)/18---Penal Code (XLV of 1860), S. 456---Constitution of Pakistan (1973), Art.203-F (2-B)---Occurrence having taken place inside the house closely related persons residing therein were the most natural witnesses of the incident whose testimony was straightforward, truthful and confidence­ inspiring--- Accused had failed to substantiate his plea of false involvement in the case due to enmity---Conviction and sentence of accused being well-founded of Federal Shariat Court did not suffer from any infirmity---Leave to appeal was declined accordingly. Muhammad Aslam Uns, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 12th March, 1997. ORDER FAZAL ILAHI KHAN, J.---Petitioner seeks leave to appeal against the judgment of learned Federal Shariat Court dated 1 i-7-1995 in Criminal Appeal No.9/L of 1995; whereby after setting aside the petitioner's conviction under section 354, P.P.C. he was found guilty of offence under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and his conviction under section 456, P.P.C. was also maintained. 2. The prosecution case set up in the F.I.R. lodged by the complainant is that on the night 1/2-10-1993 the complainant and his brother Muhammad Rafique and nephew Muhammad Arshad were asleep in the court yard outside their house they woke up by the alarm inside the house. When they entered the house they saw the petitioner holding Mst. Zahida Parveen from her breast and was trying to open the string of her trousers. On seeing them entering the house the petitioner ran away scaling over the wall. When they followed the culprit they noticed that Nasir Ahmad, brother of the petitioner (since discharged) was awaiting his brother outside the house near the wall who too decamped. After registration of the case as no incriminating evidence was found against Nasir Ahmad challan was submitted against the petitioner alone. The petitioner was charged under section 18 read with section 10(3) of the Ordinance to which he did not plead guilty. 3. At the trial prosecution relied on the…

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