Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10--Appreciation of evidence---Complainant/victim had not supported the prosecution case as in the cross-examination she had stated that she was tutored by someone and she was threatened by said person that if she did not give the statement according to the tutored version her children would be killed---Lady had admitted that accused present in the Court had not committed intercourse with her and that they were innocent---No other eye-witness of the occurrence was present and even Investigating Officer had admitted in the cross-examination that according to his investigation the occurrence was doubtful---Doctor who examined the complainant had stated that no marks of any type of injury were found on the body of the complainant and no marks of violence were present on her private parts---Complainant was a married female arid report of the Chemical Examiner that the vaginal swabs were stained with semen, were not a proof of Zina-bil-Jabr with her by the accused as she could have had a sexual intercourse with her husband before her medical examination---Medical examination report, in absence of any other evidence, would not establish the offence---Case, in circumstances, was of no evidence---Conviction and sentence recorded by the Trial Court against the accused were set aside and they were acquitted of the charge against them. N.A. Butt for Appellants. A.H. Masood for the State. Date of hearing: 3rd September, 2001. JUDGMENT M. JAVED BUTTUR, J.--- The appellants, Muhammad Iqbal and Muhammad Mushtaq, were tried by the Judge, Anti-Terrorism Court No.1, Lahore, in case F.I.R. No.134 of 1999, dated 8-3-1999 under section 10, Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979 registered at Police Station Saddar Raiwind, District Kasur, for having allegedly committed Zina-bil-Jabr with the complainant. Mst. Rukhsana Bibi. The learned trial Court vide its judgment, dated 5-11-1999 convicted the appellants under section 10(4), of the Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979 and sentenced them to death. The appellants have challenged the legality and correctness of their…

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