Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979

Section: 18

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---.--- ---.---S. 18---.---Appreciation of evidence---.---Prosecution evidence regarding commission of offence of attempted Zina-bil-Jabr by the accused with the 9/10 years old daughter of the complainant had remained unshaken and was convincing---.---Case of prosecution had been fully established against the accused---.---Impugned did not call for any interference---.---Conviction and sentence of accused were upheld by Federal Shariat Court accordingly. `THIS JUDGMENT DELIVERED BY: HAZIQUL KHAIRI, CHIEF JUSTICE:---.--- This appeal is directed against judgment dated 17-1-2006 passed by learned Additional Sessions Judge/ Judge, Juvenile Court, Sahiwal, whereby appellant Mustafa son of Waryam was convicted under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced to four years' R.I. with benefit of section 382-B, Cr.P.C. 2. The appellant was charged under section 10(3) of the said Ordinance to which he pleaded not guilty and claimed trial. 3. Noor Muhammad, complainant got recorded the F.I.R. on 18-10-2003 that in the evening, Faizan Bibi, victim (P.W.4) had gone to purchase some household articles from the shop of one Jalal and while she was returning home and reached near the Dhari of Mustafa, the appellant Mustafa and Ahmad Ali co-accused stopped her. Ahmed Ali dragged her by arm while Mustafa committed Zina-bil-Jabr with her. On the hue and cry of Faizan Bibi P.W. the complainant along with Bashir and P.W Nausher rushed to the spot and saw Mustafa committing Zina with Faizan Bibi and Ahmad Ali co-accused was holding her. On seeing them, they decamped from the spot. Faizan Bibi was soaked with blood. They took Faizan Bibi to her house. In his deposition, the complainant (P.W.5) reiterated the version given by him in the F.I.R. and stated that for two days the accused persons beseeched him for pardon. After two days he lodged the report to the police at Adda Noor Shah where his statement Exh.P.B. was recorded which was read over to him and he put thumb-mark on the same in token of its correctness. He also joined the investigation of this case and produced the…

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