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

Section: 10(3),10(4)

Law: Pakistan Penal Code, 1860

Section: 34

Law: Anti Terrorism Act, 1997

Section: 7

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-------S. 10(4)---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted for reappraisal of total evidence available on record for safe administration of justice. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-------S. 10---Reappraisal of evidence---Solitary statement of prosecutrix---Scope---When various searching questions could not extract anything beneficial to accused, then there was no reason to disbelieve prosecutrix and conviction could be awarded on her solitary statement. Shahzad alias Shaddu and others v. State 2002 SCMR 1009; Ramzan Ali v. State PLD 1967 SC 545; Ashraf v. Crown PLD 1956 FC 86; Ghulam Sarwar v. State PLD 1984 SC 218; Haji Ahmed v. State 1975 SCMR 69; Shahid Malik v. State 1984 SCMR 908; Ehsan Begum v. State PLD 1983 FSC 204 and M. Akram v. State PLD 1989 SC 742 rel. (c) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-------Ss. 10(3) & 10 (4)---Reappraisal of evidence---Sentence, reduction in---Zina bil Jabr---Gang-rape---Proof---Solitary statement of prosecutrix---Making of video-tape and photographs---Character of prosecutrix---Effect---Five accused were convicted under S.10 (4) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, on solitary statement of prosecutrix and all accused were awarded death penalty---Plea raised by accused was that since vagina of prosecutrix admitted two fingers easily hence being lady of easy virtue her statement should have been discarded---Validity---Even if it was admitted that prosecutrix was a girl of easy virtue, no blanket authority could be given to rape her by anyone who wished to do so---If statement of prosecutrix was considered trustworthy, no corroboration would be needed---Such need would only arise in the circumstances indicating possibility of her being consenting party to sexual intercourse, which was a rare phenomenon in case of Zina bil Jabr---In such-like cases corroboration of evidence could not be the direct evidence but it might be independent evidence of such character which could connect accused directly or indirectly with alleged…

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