Case Law :-Ss. 302 & 363/34--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979),

 (a) Penal Code (RLV of 1860)--

---Ss. 302 & 363/34--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Art. 10--Murder of deceased and abduction of a minor girl--Murder committed before occurrence of abduction had started--Vicarious liability--Accused and his two absconding co-accused proceeding towards Dera of deceased--Deceased and his brother meeting them in way by chance--Absconding accused firing at deceased--Accused neither raising lalkara nor inflicting any injury to deceased or complainant--Only 'absconding accused having motive against deceased--All accused thereafter proceeding - era of deceased and abducting minor daughter of deceased--Common intention of all accused primarily appearing to abduct minor girl--All accused, held, would have been vicariously liable for murder if it was comma- d during process of abduction but murder having been committed before occurrence of abduction had started, accused could not be burdened with common intention to commit murder and consequently acquitted of the charge.

(b) Penal Code (XLV of 1860)--

---S. 302/363/34--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Art. 10--Abduction--Vicarious liability--Accused taking active part in abduction of minor girl--Accused physically dragging her out of her house and then accompanying his absconding co-accused with abductee from place to place--Identification of accused by witnesses not doubtful--Accused knowing it to be likely that abductee would be subjected to illicit intercourse--Accused, held, should have been charged under Art. 11 of Offence of Zina (Enforcement of Hudood) Ordinance but not being so charged could not be convicted thereunder--Conviction and sentence under S.363, PPC was maintained in circumstances.

Malik Manzoor Ahmad for Appellant.

C.M. Bodla for the State.

Dates of hearing: 11th and 12th March, 1986.

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