Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-------S. 12---Penal Code (XLV of 1860), S.377---Constitution of Pakistan (1973), Art.203-F(2B)---Leave to appeal was granted to accused by Supreme Court to reappraise the evidence in order to ascertain whether the testimony of the victim in particular was properly appreciated by the Courts below or not. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 12---Penal Code (XLV of 1860), S.377---Appraisal of evidence---Prosecution evidence against all the three accused in the case was identical and on the same footing, but the testimony of the victim and that of the complainant had not been believed against the 'two acquitted accused---Anal swabs of the victim, no doubt, were found to be stained with semen, but the belated sending of the same from Malkhana to the Chemical Examiner was not explained---Version put forth by the victim was not supported by medical evidence---Defence version taken by accused had reflected the existence of some dispute between the parties prior to the incident and possibility of his false implication in the case could not be ruled out---Accused was acquitted in circumstances. JUDGMENT JUSTICE ABDUL HAMEED DOGAR (CHAIRMAN).---This appeal by leave is directed against the judgment, dated 10-4-2002 passed by learned Federal Shariat Court, Bench at Lahore, whereby Criminal Appeal No.6-L of 2001 filed by appellant Hafeez was dismissed with modification by reducing the substantive sentence from imprisonment of life to ten years under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as "the Ordinance") and section 377, P.F.C. with fine of Rs.5,000 or in default to undergo six months' R.I. whereas appeal to the extent of Rashid Ali was allowed and he was acquitted. 2. In this cape appellant Hafeez and acquitted accused Rashid Ali and Ghulam Murtaza alias Shahbaz were sent up to face trial before the Court of learned Additional Sessions Judge, Hafizabad, who on conclusion of trial acquitted Ghulam Murtaza whereas convicted and sentenced appellant Hafeez and Rashid Ali to imprisonment for life under…

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