2004 P Cr. L J 161
[Federal Shariat Court]
MUHAMMAD ASHRAF and 2 others‑‑‑Appellants
Versus
THE STATE‑‑‑Respondent
Criminal Appeals Nos.136/I, 179/I and 206/I of 2002, decided on 12th September, 2003.
(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑--
‑‑‑‑S. 12‑‑‑Penal Code (XLV of 1860), S.377‑‑‑Appreciation of evidence.‑‑Statement of the victim in respect of his kidnapping or abduction, was not supported by any other piece of evidence or circumstance.‑‑‑Although the witnesses did not have any enmity or motive to falsely implicate the accused yet to discharge onus of proving the charge it was imperative for the prosecution to prove all its ingredients‑‑ Victim being not less than 16 years of age,' charge of kidnapping was not proved, nor any force or deceitful means having been employed to compel him to accompany the accused the charge of abduction was also not proved‑‑‑Accused was consequently acquitted of the charge under S.12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979‑‑ Victim had categorically stated that all the three accused had committed sodomy with him and he had no motive or reason for their false implication in the case‑‑‑Anal swabs obtained by the Medical Officer at the time of examination of the victim were found to be stained with semen‑‑‑Statement of the victim, thus, was amply supported by the medical evidence‑‑‑Conviction of accused under S.377, P.P.C. was, therefore, maintained‑‑‑Victim was quite mature seemingly more than 16 years of age‑‑‑One accused was a young boy of 17/18 years and the other two accused were aged about 23 years each who were all first offenders‑‑‑Sentence of accused of 10 years' R.I. each was reduced to 5 years' R.I. each in circumstances.
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