Law:

Section:

Offence of Zina (Enforcement of (Hudood) Ordinance, 1979 (VII of 1979)-- ----S. 10(4)--Pakistan Penal Code, (XLV of 1860), Ss. 302 & 34--Murder after commission of zina-bil-jabr--Conviction & sentence--Assailed--Appreciation of evidence--No PW had seen the accused persons either committing zina or putting the deceased girl to death, however the chain of circumstantial evidence excluded hypothesis of their innocence but lead to guilt without any room for doubt--Accused also made extra judicial confessions which found corroboration from recovery of blood stained churri & shirt of the deceased--No evidence that blood stained churri was ever found earlier to that or was falsely planted--Vaginal swabs were found stained by semens--Potency test of both accused person revealed that they were capable of sexual offence--Conviction and sentence of life imprisonment upheld--Appeal dismissed. [Pp. 46, 47, 48 & 49] A, C, D, F & H Criminal Trial-- ----Extra judicial confession--Held: It is regarded as a weak piece of evidence and in absence of any other satisfactory evidence it is to be thoroughly examined with utmost care and caution and should be supported by convincing independent evidence. [P. 47] B Extra Judicial Confession-- ----Retracted confession--Held: A retracted confession whether judicial or extra judicial can validly form the sole basis of conviction of its maker in Tazir cases, if Court is satisfied that it was actually made and believes that the same was true without torture coercion or inducment--However it should have sufficient corroboration from other independent source. [Pp. 47 & 48] E Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979)-- ----S. 10(4)--Pakistan Penal Code, (XLV of 1860), S. 302--Quantum of sentence--Appropriate and commensurate with gravity of offence--Sentence of life imprisonment--Accused have been tried and convicted by trial Court, they have been awarded lesser sentence in view of minor age--Held: No mitigating circumstances which could enable to reduce sentences in accordance with law. Judgment Dr. Fida Muhammad Khan, J.--This appeal, jointly filed by Amanullah son of Rasool Bakhsh and…

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