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MST. MANZOORAN BIBI versus THE STATE


Definitions of Sections 10 (2) and 16 Evidence. After filing an FIR, the complainant woman, who claimed to be the husband of the woman accused, was residing in Karachi while the accused had traveled to Quetta where she finally got a court decision to dissolve her marriage. It was only then that the defendant, between her and the co-accused, complained in her evidence that it was not pointed out anywhere that she had previously been the husband and wife of the accused with the accused's marriage. Living alone, it cannot be assumed that the accused committed the crime. Adultery Bill Raza testified before the performance of his marriage contract that he had proved that he was married to each other by marrying and after living in Quetta he was living as husband and wife. The evidence on record could not prove the offense under Sections 10 (2) and 16 against the accused. The decision to prosecute the Adultery (Enforcement Hood) Ordinance, 1979 could not be proved, and the trial court's recorded sentence against the accused was dropped and they were acquitted of the charge.

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