Case Details

Citation(s)
1998 SLG 670 1998 SLD 670 1998 SCMR 1206
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.23(S) of 1994, decision dated: 24-04-1995
MUHAMMAD MUNIR KHAN, MIR HAZAR KHAN KHOSO AND MAULANA MUHAMMAD TAQI USMANI, JJ

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MULAZAM HUSSAIN

VS

THE STATE

Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--S. 10(3)---Constitution of Pakistan (1973), Art.203-F(2B)---Petition for leave to appeal---Delay in lodging the F.I.R. had been reasonably explained---Partial penetration was sufficient to constitute the offence of Zina-bil-Jabr---Prosecution evidence had been believed by the two Courts below and the defence evidence was not strong enough to rebut the same---Prosecution case as well as the impugned did not suffer from any infirmity---Leave to appeal was refused accordingly. Sh. M. Naeem, Advocate for Petitioner. Nemo for the State. Date of hearing: 24th April, 1995. ORDER MUHAMMAD MUNIR KHAN, J.---Mulazam Hussain petitioner was tried by Sessions Judge, Layyah, on the charge of commission of Zina-bil-Jabr with Mst. Rasheed Mai P.W.1 on 23-1-1990 in a sugar-cane field, who, vide judgment dated 10-10-1991 convicted him under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as, the Ordinance) and sentenced him to ten years rigorous imprisonment and thirty stripes. The appeal filed by him against his conviction and sentence was dismissed by the Federal Shariat Court on 21-1-1992. Hence this petition. 2. Learned counsel for the petitioner has argued that there is a delay in the lodging of the F.I.R. and in view of the fact that vaginal canal of the victim…
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