Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)---   ---Art. 3---Competency of a child to testify---Test---Observing intellect of a child in the shape of writing question and answer is not the requirement of law---Court is quite competent to give its observation with regard to the, intellect of the witness, meaning thereby that the only requirement is the satisfaction of the Court.   Karu Singh and others v. Emperor AIR 1942 Pat. 159; Lakhan Singh v. Emperor AIR 1942 Pat. 183; State of Orissa v. Machindra Majhi and another AIR 1964 Orissa 100; Qadeer Hussain v. The State 1994 PCr.LJ 788 arid Qadeer Hussain v. State 1995 PCr.LJ 803 ref.   (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---   ----S. 10(3)---Penal Code (XLV of 1860), S.450---Appreciation of evidence---Father and mother of the minor girl being the inmates of the house were the natural witnesses of the occurrence who had deposed in line with the story of the F.I.R.---Ocular testimony was supported by medical evidence and recovery of blood-stained clothes. of the victim girl---No material discrepancies and contradictions were pointed out in prosecution evidence---Defence witnesses had not supported the accused---Complainant had nominated the accused in the promptly lodged F.I.R.---Mere relationship of the witnesses was no ground for discarding their evidence in the absence of any evidence on the record about their enmity with the accused---Defence plea was not plausible to believe that only for such a simple reason one could put at stake the honour and reputation of his minor daughter--¬Conviction and sentences awarded to accused were upheld in circumstances---Sentence of whipping having been abolished was set aside.    Umar Jahan v. State 1979 SCMR 186; Karu Singh and others v. Emperor AIR 1942 Pat. 159; Lakhan Singh v. Emperor AIR 1942 Pat. 183; State of Orissa v. Machindra Majhi and another AIR 1964 Orissa100; Qadeer Hussain v. The State 1994 PCr.LJ 788 and Qadeer Hussain v. State 1995 PCr.LJ 803 ref.   A.R. Tayyab-for Appellant.    Ghazanfar Ali for the State.   Date of hearing: 8th May, 2001. JUDGMENT The instant appeal is directed against…

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