Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--S. 11---Constitution of Pakistan (1973), Art.203-F(2B)---Appeal against acquittal ---Abductee had been taking different stands before the Police, Magistrate and High Court and she had even withdrawn her suit for dissolution of marriage filed on the ground of her signatures/thumb-impressions having been forcibly obtained---Failure of accused to establish his valid Nikah was no evidence by itself of the offence under S. 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979---Law had been correctly applied by Federal Shariat Court and its findings were based on careful and elaborate appraisal of evidence which was not shown to have been misread or misconstrued---Leave to appeal was refused by Supreme Court accordingly. Malik Rab Nawaz Noon, Advocate Supreme Court with Mehr Khan Malik, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 16th March, 1998. JUDGMENT MUNIR A. SHEIKH, J.---Leave to appeal has been sought through this petition against the judgment dated 25-4-1997 of the Federal Shariat Court by which Criminal Appeal No. 119/1 of 1996 filed by respondent No.1 against the judgment of the trial Court dated 20-6-1996 through which he was convicted under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced to life imprisonment with 30 stripes and fine of Rs.5,000 and in default thereof to undergo further 6 months S.I., was accepted and he was acquitted of the charge whereas Criminal Appeal No. 146/1 of 1996 of the petitioner praying for conviction of the acquitted co-accused and Criminal Revision No.30/1 of 1996 filed by him seeking conviction of the respondents under section ,10(3) of the Ordinance have been dismissed. , 2. Respondent No. l and others were tried for offence punishable under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 in the Court of Additional Sessions Judge, Mandi Baha-ud-Din pursuant to an F.I.R lodged by Noor Muhammad petitioner, father of the victim. The allegation against them as made out in the F.I.R was that on 30-10-1991 at about morning time, they abducted Mst.…

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