Law:

Section:

Keywords: Petitioner, Enforcement, Registered, F.I.R, Petition, Nikahnama, Enforcement Of Hudood, Abduction, Divorce Deed, Divorce, Talaq, Coercion, Prosecution, Delay JUDGMENT S.M.ZIJBAIR, J.- The petitioner who is involved in ease under Sections 10/11 ol offence of Zina (Enforcement of Hadood) Ordinance VII of 1997 arising out ol F.I.R. 388/93, Dated 17.11.1993, registered at Police Station Liaqatabad District Lahore, seeks to be admitted to bail. 2. Briefly the allegation against the petitioner as per F.I.R., is that he abducted Mst. Shamim alias Nasim Akhtar while of the complainant with the intention to commit zina with her. 3. The learned counsel for the petitioner contended that the occurrence took placed 5/6 months ago and the F LR. Was lodged after a considerable delay which makes the prosecution case doubtful; the offence under Section 11 of Ordinance VII of 1097 is not made out as Mst. Shamim alias Nasim Akhtar'wife of the complainant according to the contents of the F.I.R, willingly went with the petitioner, so he cannot be prosecuted for abduction. With respect to Section 10 ibid, the learned counsel vehemently contended that the petitioner contracted Nikah with Mst. Shamim alias Nasim Akhtar on 31.5. PTO after she was divorced by her former husband Noor Hassan complainant on a verbal talaq, hence she was sui juris to enter into marriage with the petitioner and the petitioner has not committed any offence. In the end, he submitted that the statement under Section 164 Cr.P.C, recorded on 21.11.1993 is an outcome of duress and coercion because the abducted was recovered from the Railway Station Kot Lakhpat on 19.11. PTO whereas her statement was recorded…

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