Law:

Section:

(a) Offence of Zina (Enforcement of Hadood) Ordinance (VII of 1979)---.--- ---.----Ss.10(3)(4) & 11---.---Reappraisal of evidence---.---Allegation of abduction and Zina-bil-Jabr---.--- Incident, allegedly had taken place during the night and F.I.R. was lodged by the prosecutrix after 7/8 days of the incident and explanation of delay in lodging F.I.R, had been offered to be that the accused persons were trying to compromise with her through "Punchayat"---Validity---.---Except that of the prosecutrix no other evidence either through the members of the "Panchayat" or anyone else belonging to prosecutrix's family, particularly her father who was present in the house when the prosecutrix was allegedly forcibly, abducted on gunpoint by the accused, was available to substantiate the explanation of delay in lodging the F.I.R.--¬Cousin of the prosecutrix who remained associated with the investigation of the case since the very beginning, when questioned about the delay in lodging the F.I.R. did not support the version of the prosecutrix except answering the suggestion that it was for the prosecutrix or for her family members to lodge the report---.---Neither the brothers nor sisters of the prosecutrix, had come forward to support her version---.---Delay in lodging the F.I.R. could not be considered fatal for the prosecution if the result of commission of Zina with the prosecutrix had started emerging at a later stage---.---Doctor, in the present case, had given positive opinion about the commission of Zina with the prosecutrix---.---Considering the Doctor's report alongwith the report of Serologist according to which "presence of spermatozoa in the vagina of the prosecutrix had been testified" it could be concluded that as, in the present case, after 7/8 days from the commission of the offence, scientifically it had been proved that prosecutrix was subjected to sexual intercourse, therefore, her explanation of not lodging the F.I.R. promptly seemed to be convincing---.---Delay in lodging the F.I.R., in circumstances, could not be considered fatal to the case of the prosecution. Mst. Nasreen v. Fayyaz Khan and another PLD 1991 SC 412 and Muhammad Siddique v. The…

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