Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-------S. 10(3)---Appreciation of evidence---Mother of victim girl after death of her husband married one of the accused persons---Alleged victim before registration of case was carrying on pregnancy of 29 weeks/about six months---On her allegation that her step-father had committed Zina-bil-Jabr with her, maternal uncle of victim who was cousin of deceased husband of mother of victim got F.I.R. registered against accused---No other direct or indirect evidence was available to connect accused with commission of crime except .bare version of victim who herself seemed to be a girl of easy virtue and that fact was supported by evidence of Lady Doctor who deposed that hymen of victim was torn completely from all sides which had shown that alleged victim was used for sex activities more often---Prosecution witness had admitted in cross-examination that a civil litigation was pending between him and mother of victim and also a criminal complaint against him---Mother of alleged victim who denied commission of offence with victim had alleged that after death of her husband, she entered wedlock with accused against consent of complainant who was cousin of deceased. and he was unhappy with that marriage and he did not allow her to settle in the house of her deceased husband---Lady alleged that she demanded her share in the house and other belongings of her deceased husband, but complainant did not give it to her---Further allegation by the lady was that case was lodged by complainant because of grudge over her second marriage with accused and because of her demand for share in the estate of deceased---Conduct of victim and her character was not free from doubt and she had been roaming about freely---Victim was not residing with her mother, but had been visiting her aunt who herself was involved in Hudood case---No reliance could be placed on statement of victim who concealed pregnancy for more than six months---Prosecution having failed to prove its case beyond any reasonable doubt, conviction and sentence recorded against accused by Trial Court, were set aside and they were ordered to be released: JUDGMENT…

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