Law: Criminal Procedure Code (V of 1898)

Section: 161,265-K,561A

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10(3)

Law: Pakistan Penal Code, 1860

Section: 337-J

Criminal Procedure Code (V of 1898)--- ----Ss. 265-K & 561-A---Penal Code (XLV of 1860), S.337-J---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)---Causing hurt by means of poison and offence of Zina-bil-Jabr---Petition against dismissal of application of acquittal---Petitioners had assailed the order passed by the Trial Court through which application for their acquittal under S.265-K, Cr.P.C. was dismissed---Initial charge levelled by the complainant of giving rice mixed with intoxicants was falsified through report of Chemical Examiner as no intoxicant was detected in the material sent to the Chemical Examiner for report---Later on through supplementary statement, allegation of Zina-bil-Jabr falling under S.10(3) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was levelled against the petitioners---Out of three alleged victims of Zina two had refused to get medically examined stated that no one had committed Zina with them---Third, one who in her statement, ;under S.161, Cr.P.C. had implicated one of accused persons for commission of Zina with her, but through report of DNA test, said allegation of Zina was also falsified---DNA of accused did not match with DNA of person who allegedly had committed Zina---In the present case, prosecution had no evidence against the petitioners and charge against the petitioners was groundless---Continuation of trial in the case would be abuse of process of law on the basis of available material and there was no chance of conviction of the petitioners--Impugned order passed by the Trial Court was set aside and application filed by the petitioners under S.265-K, Cr.P.C. was allowed and the petitioners were acquitted from the charge.? THIS ORDER PASSED BY: SYED ZULFIQAR ALI BOKHARI, J.--- Through this petition the petitioners have assailed the order dated 6-6-2006 passed by learned Additional Sessions Judge, Kabirwala through which he dismissed the application under section 265-K, Cr.P.C. filed by the petitioners. 2. Learned counsel for the petitioners cc ,tends that initially the case F.I.R. No.349 dated 8-12-2005 was registered under section 337-J, P.P.C. After receipt of report of…

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