Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 203F(2B)

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

Section: 10(3)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)---Constitution of Pakistan (1973), Art.203-F(2B)---Leave to appeal was granted by Supreme .Court to the complainant against acquittal of accused by the Federal Shariat Court to reappraise the evidence in its true perspective. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)---Constitution of Pakistan (1973), Art.203-F(2B)---Appeal against acquittal---Appraisal of evidence---Case was exclusively based on circumstantial evidence---All the circumstances taken together pointed only towards the accused who was complainant in the F.I.R. and it did not appeal to reason that the assailants mentioned in the F.I.R. who had come from another village and succeeded in even entering the house of their runaway enemies would kill only the deceased lady and would runaway despite the fact that their enemies were available unarmed in the house as an easy target---What was depicted by the complainant in the F.I.R. was not only unnatural and unbelievable, but was utterly beyond the cultural norms of enmity in the area---Lodging of an absolutely false F.I.R. by the accused had pointed out towards his guilt---Another circumstance indicative of the guilty mind of the accused was that he did not contact the police in connection with the progress of his own F.I.R. and made himself scarce to the police---Contact of the accused with the witnesses of the extra-judicial confession was most natural being the only way to his survival---Extra-judicial confession made by accused sounded quite natural which was further supported by the fact that he was produced before the police by the same witnesses---Families had cordial relationship and no husband would bring about a capital charge against the real brother of his wife unless it was absolutely true and this circumstance had further supported the prosecution story---Accused had led to the recovery of the pistol, weapon of offence---Once the offender had made up his mind to commit a murder, it was immaterial for him whether the weapon belonged to him or…

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