Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 10(2),16

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---   ----Ss. 10(2) 16---Appreciation of evidence---None of the prosecution witnesses had stated about the commission of Zina by the accused with the abductee---Statement made by the abductee (acquitted co-accused) under S.342, Cr.P.C. could not have been used against the accused for the reason that she had not made that statement on oath nor was the accused afforded an opportunity to cross-examine her---Said statement, even otherwise, was exculpatory---Conviction of accused under S.10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, was consequently set aside---Statement of the abducted regarding her abduction, however, was corroborated by other prosecution witnesses who had no enmity with the accused in any manner--¬Conviction of accused under S.16 of the said Ordinance, therefore, warranted no interference and the, same was upheld, but his sentence was substantially reduced in view of the facts and circumstances of the case.    Naveed Inayat Malik for Appellant.   M. Mazhar Sher Awan, Asstt. A.-G. and Saifullah Khan Khalid for the State.   Date of hearing: 22nd October, 2002. JUDGMENT This appeal is directed against judgment dated 27-8-2002, by Additional Sessions Judge, Faisalabad, whereby trial Judge, convicted the appellant under section 10(2) of Offence of Zina (Enforcement of Hudood) Ordinance and sentenced him to undergo R.I. for five years, plus to pay a fine of Rs.5,000 in default whereof to undergo S.I. for six months. He was also convicted vide the same judgment under section 16 of the said Ordinance and sentenced to undergo R.I. for five years, plus to pay a fine of Rs.5,000 in default whereof to undergo S.I. for six months. Mst. Tanzeela Bibi, tried alongwith the appellant, was acquitted vide the same judgment. 2. Occurrence in this case, had taken place on 7-11-2000 at 4/5-00 p.m., in the fields, in the area of Chak No.233/RB, Kothi Jhanda Singh Wali, at a distance of 20 kilometres from Police Station Saddar, Faisalabad. F.I.R. Exh.P.E./1 was recorded at the police station, by Ghulam Shabbir Khan, A.S.-C. (P.W.7), on 13-11-2000, at 6-30 p.m.…

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