Law:

Section:

Circumstancial Evidence-- ----Punishments could be awarded on the circumstantial evidence. [P. 493] C Circumstancial Evidence-- ----Last seen evidence--Value of--Last seen evidence is a weak type of circumstantial evidence. [P. 494] E Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979)-- ----S. 12--Pakistan Penal Code, (XLV of 1860), Ss. 377 & 302--Conviction & sentence--Appreciation of evidence--Accused failed to furnish sufficient explanation qua his innocence that the victim had disassociated from him in presence of any independent person--Both Courts believed the statements of last seen witnesses with cogent reasons--Discrepancies pointed out for appellant, all pertaining to extraneous details of the case--Conviction upheld but due to mitigating circumstances death sentence was converted into sentence of life imprisonment. [Pp. 493 & 496] A, B, D, F & G PLD 1978 SC 21, PLD 1977 SC 515, PLD 1953 FC 214, 1980 SCMR 859, PLD 1990 SC 1172 & PLD 1976 SC 300, ref. Order Ch. Ijaz Ahmed, J.--The petitioner/appellant has sought leave to appeal against the judgment of the Federal Shariat Court dated 17.10.2002 wherein appeal filed by the appellant/convict against his conviction was dismissed. Necessary facts out of which the present appeal/petition arises are that the appellant is involved in a case FIR No. 608 which was registered at Police Station Muzaffargarh under Section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and under Section 377/302 PPC on 10-10-1999. The facts as mentioned in the FIR are as follows-- "that complainant runs a tea stall at vegetable market Muzaffargarh. According to him, his son Muhammad Ramzan aged about 12/13 years student of 6th class went to attend a Majlis at Darbar Ghareeb Shah in the area of Mauza Talari after returning from school and taking meals. It is further narrated in the FIR that when complainant's son did not return, worried occurred and his search was conducted and on the following day at about 8:00 a.m. the complainant received the information that a dead body of a boy aged 12/13 years were lying at Chah Kotwal Wala and on this information complainant alongwith…

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