Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)----Ss.16 & 10(2)---Constitution of Pakistan (1973), Art.203 F(2B)---Leave to appeal was granted to re-appraise the evidence for safe administration of criminal justice. -[Evidence]. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--Ss.16 & 10(2)---Appraisal of evidence---Accused was apprehended alongwith the abductee who had directly charged him in her deposition for having raped her---Prosecution evidence which was corroborated by medical evidence and Chemical Examiner's Report inspired confidence and was worth reliance---Convictions and sentences of accused were upheld in circumstances. Sh. Khyzar Hayat for Appellant. Raja Abdul Ghafoor for the State. Date of hearing: 18th April, 1995. JUDGMENT JUSTICE PIR MUHAMMAD KARAM SHAH (MEMBER).--­Through this appeal by leave of this Court learned counsel has prayed for setting aside the conviction and sentence of the appellant. The background of the case is that on 11th of December, 1989 at 11.05 a.m., a case under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter called the Ordinance) was registered on statement of Allah Ditta with Police Station Qaimpur, District Bahawalpur against Ghulam Sarwar and Muhammad Amin for committing Zina-bil-Jabar with Mst. Amir Mai (15/16). At the time of occurrence, Mst. Amir Mai went towards the fields to ease herself. She did not return home and as such, Allah Ditta, her father, Ghulam Rasool, Manzoor Ahmad and Ali Muhammad went out in her search. They followed the foot­prints of Mst. Amir Mai but they did not succeed to locate her. On the next day at about 10-00 a.m., they found Ghulam Sarwar and Muhammad Amin while coming alongwith Mst. Amir Mai in village Khanpur. On seeing them, the abductee raised alarm whereupon the P.Ws. caught Ghulam Sarwar at the spot while Muhammad Amin ran away. Learned trial Court convicted and sentenced both the accused under section 11 of the Ordinance to imprisonment for life with ten lashes each and a fine of Rs. 5,000 each or in default thereof to undergo R.I. for two years. Similarly, they were convicted and sentenced…

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