Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)---Ss. 10 & 11---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Different versions of abduction---Delayed F.I.R.---Wilful disappearance---Prosecution introduced different story of abduction at trial to that of the version given in F.I.R. which was lodged with a considerable delay but still according to the version of F.I.R. it was a case of wilful disappearance---Trial Court and Federal Shariat Court having made detailed scrutiny of the facts and appraised the evidence, had concurrently found that the accused were not guilty and acquitted them---Validity---Supreme Court would not interfere in acquittal unless it was shown that findings of acquittal arrived at were perverse or were in complete disregard to the evidence on record---No defect having been found in concurrent findings of two Courts of not giving due weight to the evidence or discarding the evidence or failed to appraise the eye witnesses account in proper manner or emitted to give due consideration to the absence of reason for false implication causing failure of justice---Consequently, finding of acquittal arrived at by the Trial Court and maintained by Federal Shariat Court did not call for interference by Supreme Court---Leave to appeal was refused. JUDGMENT JUSTICE MUHAMMAD NAWAZ ABBASI (MEMBER).---This petition under Article 203-F of the Constitution of Islamic Republic of Pakistan, 1973 has been directed against the judgment, dated 16-12-2002 whereby the Federal Shariat Court dismissed the appeal filed by the petitioner against acquittal of the respondents from the charge under sections 11/16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 by the learned Additional Sessions Judge-II, Quetta, vide judgment, dated 30-9-1997 in a case registered against them for abduction of Mst. Nargus Bibi daughter of petitioner. 2. The facts of the prosecution case in brief as contained in the report lodged by Lal Muhammad, petitioner, at Police Station, Saraib, Quetta on 26-6-1996 are that Muhammad Jan, his nephew, was foster brother of Mst. Nargus, his daughter. Yar Muhammad, father of Muhammad Jan,…

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