Law:

Section:

Offence of Zina (Enforcement ref Hrfdood) Ordinance (VII ref 1979)-------5. 10(3)---Allegation of Zina-bit-Jabr by daughter against her father of 60 years of age---Record showed that relations between the accused and his wife were seriously strained to the extent that she had left ,his house for good without being divorced by him and was living in a different Chak with two persons with whom she had no close relation although she had her brother living in the same Chak where her husband .lived---Wife of accused had also instituted a suit for dissolution of marriage on the persuasion of said two persons who also bore the expenses and it was suggested by the defence that one of the said two persons had an old enmity with the accused and used to fight with him---Statement of complainant daughter was full of exaggerations--Possibility could not be ruled out that mother of the girl and two other persons with whom the lady was living had succeeded in tutoring the complainant girl and her brothers who also appeared as prosecution witnesses who had hatred against their father due to his cruelty to level even such a heinous charge of Zina-bit-Jabr---Held, where such a charge was levelled by a daughter against her father, the matter should always be considered with due caution and if such possibility of having hatred against father were there on record, the same should benefit the accused---Case against the accused thus was not free from doubt and it seemed to be equally possible that case had been cooked up against the accused on the instigation of his wife and her supporters in order to get rid of the Nikah with him and to secure the custody of children of the accused---Accused, therefore, was entitled to benefit of doubt and was ordered to be acquitted by the Supreme Court. Ghulam Muhammad v. The State PLD 1984 SC 72 ref: JUDGMENT JUSTICE MAULANA MUHAMMAD TAQI USMANI, MEMBER.--This is a very unfortunate case in which a girl has levelled a heinous charge against her father that he had been committing Zina-bit-Jabr with her. On the basis of the' F.I.R. (Exh. PA) lodged on 7-12-1987 by Mst. Ghulam Rakiya P.W.1, a case under section 10(3) of the Offence of Zina…

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