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Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979)-- ----S. 10(3)--Conviction and sentence recorded against accused--Challenge--Acquitted--Appreciation of evidence--Massive Loopholes and contradiction in the deposition of PWs, which have demolished the prosecution case--Neither medical report nor the chemical report support the case of prosecution--Accused acquitted. Judgment This appeal is directed against the judgment dated 19.12.2005 passed by learned Addl. Sessions Judge Kasur in Hudood Case No. 12 of 2004/Hudood Trial No. 03 of 2005 (State vs. Muhammad Hanif & others) whereby the appellant was convicted under Section 10(3) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced to suffer R.I. for seven (07) years with benefit of Section 382-B, Cr.P.C. 2. The facts as borne out from the record are that on 25.02.2004 at about 8.00 p.m. in the area of Guava garden of Saith Zeshan situated in Mauza Khara falling within the jurisdiction of P.S. Mustafabad, Kasur, the appellant and three others while armed with deadly weapons committed Zina-bil-Jabr with Mst. Shahnaz Bibi wife of complainant Muhammad Mumtaz. 3. F.I.R. Ex.P.A/1 was registered on the basis of complaint (Ex:P.A) made by Muhammad Mumtaz P.W.1. As many as nine witnesses were examined by the prosecution including PW-2 Mst. Shahnaz Bibi complainant's wife PW.3 Inayat and her cousin. The accused persons denied the charge and claimed trial. Lady doctor Farzana Shaheen P.W.7 conducted medical examination of victim Mst. Shahnaz Bibi on 25.2.2004 testified that the hymen of Mst. Shahnaz Bibi was absent, and her Vagina admitted two fingers easily. The investigation officer Muhammad Shafi PW.9 handed over three sealed parcels containing swabs to PW.4 Javed Arif who handed over the same on 29.2.2004 to PW. 5 Muhammad Sharif 408/C for depositing the same in the office of Chemical Examiner, Lahore, intact. Three vaginal swabs were taken and sent to Chemical Examiner, Lahore which, as per the report of Chemical Examiner dated 4.3.2004, were stained with semen. Dr. Mirza Nasarullah Baig PW.6 medically examined accused Muhammad Hanif and Aslam Masih and found them fit for…

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