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

Section: 10(3)

Law: Penal Code (XLV of 1898)

Section: 364A

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-------Ss. 10(3) & 7---Penal Code (XLV of 1860). S.364-A---Appreciation of evidence---Accused was proved on record to have kidnapped the victim girl and to have subjected to her to Zina-bil-Jabr subsequently--�School leaving certificate of the accused and his confinement in Juvenile Jail had established that he was a minor at the time of the commission of the offence---Conviction of accused under S.10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, was therefore, altered to one under S.7 of the said Ordinance---Accused though was not an adult, yet he was a grown up boy and he had subjected a minor girl to Zina-bil�-Jabr--- Accused, thus, did not deserve any leniency and he was sentenced to undergo five years R.I.---Sentence of fine of accused was set aside as admittedly he was a pauper---Forcible or deceitful abduction of the girl having not been proved, conviction and sentence of accused under S.364-A, P.P.C. were set aside and he was acquitted of the said charge in circumstances.                                                                                                                                    JUDGMENT The appeal has been filed by Abdur Razzaq appellant from jail. However, the record of jail as submitted by the authorities reveals that the appellant is confined in BI&J Jail, Bahawalpur i.e. he is confined in Borstal and Juvenile offenders jail. This fact has been mentioned because it has strong bearing on the merits of the case. The appeal is directed against judgment, dated 21-1-2003 passed by Malik Azhar-ul-Haq Awan, Sessions Judge, Multan whereby the appellant has been convicted under section 364-A, P.P.C. and sentenced to suffer 10 years' R.I. and also to pay an amount of Rs.30,000 as compensation under section 544-A,…