Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10(3)

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)------S. 10(3)---Allegation of Zina-bil-Jabr---Defence plea was that prosecutrix was a married girl, was not of a good character and was used to sexual intercourse--­Prosecutrix was a girl of 13 years of age though married but rukhsati had not taken place, had suffered injury in the private part due to which her clothes were smeared with blood---Medical evidence revealed that victim had suffered the occurrence as first act of sexual intercourse; her hymen was freshly torn and the edges thereof were still bleeding on touch when she was examined several hours after the occurrence---Result of chemical analysis of the vaginal swabs was also positive---Plea that the prosecutrix was used to sexual intercourse was of no force in circumstances---Conviction of accused for offence of Zina-bil-Jabr and concurrent findings of fact by two Courts below in that behalf were thus unexceptionable. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(3)---Allegation of Zina-bil-Jabr---Defence plea was that family of the prosecutrix belonged to the lower strata in the locality; that their ladies were of easy virtue and that prosecutrix's uncle and grandfather had accused other persons of sexual crimes against their ladies and subsequently compromised the matters---Held, that would not mean that the family of the prosecutrix who were moeens was destined to suffer humility simply because of poverty and/or their belonging to the lower strata of the society---Principles of equality and dignity of man howlowsoever were some of the hallmarks of Islamic Society and such like persons deserved more regard and respect from their higher placed brethren---If ladies of a poor moeen family were violated by their masters living around them it was not only deplorable but worth taking more serious note and if on the other hand the moeen men in the locality had played with the honour of their own womenfolk this was no less deplorable---All that could not deter a Court to decide every case on its own facts and from case to case do complete justice fairness-wise and wherever needed firmness-wise. (c)…

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