Case Details

Citation(s)
2002 SLG 1299 2002 SLD 1299 2002 SCMR 1009
Supreme Court of Pakistan
Criminal Petitions Nos. 720-L, 744-L and 749-L of 2001, decision dated: 7th ,March, 2002.(On appeal from the judgment, dated 10-10-2001 of the Lahore High Court passed in Crl. Appeal No.1369/T/1999 and M.R. 5 - 99
JAYED IQBAL AND TANVIR AHMED KHAN, JJ
Ihsan-ul-Haq Chaudhry Advocate Supreme Court, Ch. Talib Hussain, Advocate-on-Record (absent) (in Cr.P. No. 720L of 2001), Zafar Ullah Cheema, Advocate Supreme Court and. C.M. Lateef, Advocate-on-Record (absent) (in Cr.P.744L of 2001) and Nemo (in Cr.P.749

SHAHZAD alias SHADDU and others

VS

THE STATE

Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---S. 10---Appreciation of evidence---Corroboration---Corroboration is not a rule of law but that of prudence---Acid test of the veracity of the statement of the prosecutrix, no doubt, is the inherent merit of her statement because corroborative evidence alone could not be made a basis to award conviction---Extent and the nature of corroboration required may vary from witness to witness and from case to case, but as a rule it is not necessary that there should be corroboration in every case---All that is necessary is that the corroboration must be such as to connect or tend to connect the accused with the crime. Ramzan Ali v. State PLD 1967 SC 545 and Ashraf v. Crown PLD 1956 FC 86 ref. . (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S.10(4)---Anti-Terrorism Act (XXVII of 1997; S.7---Penal Code (XLV of 1860), Ss. 449, 411 & 506---Constitution of Pakistan (1973), Art. 185(3)---Zina-bil-Jabr---Trustworthy statement of the prosecutrix needed no corroboration and such need would only arise in the circumstances indicating the possibility of her being a consenting party to sexual intercourse which was a ' rare phenomenon in cases of Zina-bil-Jabr--­ Statement of the prosecutrix in the present case, however, had been corroborated by medical evidence, Chemical Examiner's Report and the fact»m of recovery---Helpless girl being in the clutches of four armed persons could not make any resistance which otherwise was not a necessary prerequisite to prove the accusation of Zina-bil-Jabr---From the absence of visible marks of violence on the body of the prosecutrix it could not be inferred that she was not subjected to Zina-bil-Jabr as medical evidence had confirmed that sexual intercourse had taken place---F.I.R. having been promptly lodged assigning :he specific role to each of the accused, question of any deliberation, consultation or fabrication did not arise---Neither the prosecutrix nor her father had any reason to falsely implicate the accused in the absence of any enmity---Omission of scientific test of semen grouping would .not materially diminish the value of other…
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