Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 10(3)

(a) Penal Code (XLV of 1860)----S. 302(b)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)---Constitution of Pakistan (1973), Art.203-F(2-B)---Leave to appeal was granted to the accused by Supreme Court for reappraisal of the entire evidence, keeping in view the principles of safe administration of criminal justice. (b) Penal Code (XLV of 1860)---S. 302(b)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)---Constitution of Pakistan (1973), Art.203-F(2-B)---Appraisal of evidence---Prosecution case rested only on the testimony of the complainant and her brother, who claimed to have seen the accused running away from the scene of occurrence after committing the crime---Nothing had been recovered from the accused to connect him with the offence---Was not understandable as to why brother of the complainant had come to visit her, when she had already left her home to visit him and why he visited his sister at day time, when he was gainfully employed---Presence of the said brother of the complainant at the spot at the relevant time, therefore, was doubtful---Absence of complainant from her house for a long time and her return at the moment when the accused was about to leave the house after the commission of the crime, would be too much of coincidence to be accepted---Claim of the complainant that she met her brothers just in front of her house had also created doubt about the timing-Complainant although claimed to have returned to her own house, but in the circumstances she was a chance witness---Conviction of accused could not be based safely only on the said highly improbable coincidence, in the absence of any other strong evidence against him---Accused was acquitted accordingly. JUDGMENT NASIR-UL-MULK, J.--- The appellant, Sajjad Ali, was convicted by the Additional Sessions Judge, Lahore, on 31-5-2002 under section 302(b), P.P.C. and sentenced to death as well as under section 10(3) of the. Offence of Zina (Enforcement of Hudood) Ordinance, 1979 hereinafter referred to as the Ordinance and sentenced to undergo 25 years' R.I., for the murder and commission of Zina-bil-Jabr with his half-sister, Misbah Bibi, aged…

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