Law: Penal Code (XLV of 1860)

Section: 302

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 11,10(3)

Penal Code (XLV of 1860)   S. 302 Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 11 10(3) Appraisal of evidence Victim of Zina bil Jabr who could have no difficulty in the identification of accused had no enmity for his false implication and her statement was supported by medical evidence and Chemical Examiner’s report Eye witnesses also had no motive to depose falsely against the accused whose testimony did not suffer from any legal infirmity and had been believed by the two Courts below Magistrate had taken all precautions before recording the confession of accused Recovery of the abducted girl from the accused and her production alongwith accused before the police had corroborated the ocular evidence and judicial and extra¬ judicial confession made by the accused Impugned did not suffer from any legal or factual infirmity and sentences awarded to accused were quite appropriate in the circumstances of the case Appeal was dismissed accordingly. JUDGMENT MUHAMMAD MUNIR KHAN, J.This Criminal Appeal by leave of the Court arises from the facts that in the incident which took place on 21 9 1985 at morning prayer time in the area of Chowk Bahadur at a distance of 18 kilometres from Police Station Saddar, Sadiqabad, District Rahimyar Khan, Riaz Ahmed appellant allegedly caused the death of Nasir Ahmed by giving him injuries with a Kassi in the presence of Amir Bakhsh P.W.5 and Sardar Khan P.W.6 who saw him running away from the spot after injuring the deceased. After the occurrence, he forcibly took away Mst. Maqsood Bibi daughter of deceased from her house, and committed Zina bil Jabr with her. According to the statement of Mst. Maqsood Bibi P.W.12, the appellant forcibly took her to different places, committed Zina bil Jabr with her in a field and ultimately brought her to the Derra of Gul Muhammad P.W.14 to whom she narrated the occurrence in the absence of appellant. Little latter, appellant returned who on enquiry by Gul Muhammad P.W.14 made full breast before him. At this he apprehended him. Mst. Maqsood Bibi and Riaz Ahmed appellant were produced by Gul Muhammad P.W.14 before Syed Jaffar Hussain, S.I. P.W.15 at Adda Fatehpur…

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