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Hudood Criminal Appeal No. J-2 of 1980, decided on 20^thSeptember, 1980.

-- S. 410 read with Offence of Zina Enforcement of Hudood Ordinance (VII of 1979), Ss. 10(2) & l6-Appeal (criminal)-Evidence, appreciation of-Accused hearing criminal intimacy with prosecutrix committing zina with her and eventually enticing her away with intent to have illicit intercourse with her-Accused closely related to complainant and prosecution evidence going unchallenged-Convic tion and sentence maintained, in circumstances.

A. A. Mohammad Ali for the State.

Date of hearing: 20th September, 1980.

Kando son of Parial Chandio, aged about 50 years resident of village Jiando Chandio, Taluka Sakrand who was tried and convicted by the Sessions Judge, Nawabshah under sections 10 (2) and 16 of Ordinance VII of 1979 and sentenced to undergo R. I. for one year and to pay a fine of Rs. 200 or in default to undergo R. I. for one month and also with whipp ing numbering 30 stripes for offence under section 10 (2) of the aforesaid Ordinance and to undergo R. I. for one year and to pay a fine of Rs. 200 or in default to undergo R. I for one month and also with whipping numbering one stripe, for offence under section 16 of the Ordinance; the substantive sentences to run concurrently, has filed the instant appeal from Jail against the aforesaid conviction and sentences. He had expressed desire for being heard in Court and in his statement before this Court he has repeated tile statement made before the trial Court and has stated that be had giver, his sister in marriage to father of complainant Nawab son of Miro Chandio on promise that a female issue of his, sister will be given to him. He had been demanding the fulfilment of the condition and has, therefore, beer, falsely implicated in this case.

2. It is admitted position that the appellant is maternal uncle of complainant Nawab. The prosecution led evidence of Mst. Bhao, the woman in respect of whom accused is stated to have committed offence. Haji Mir Mohammad, complainant Nawab, Allahbachio and Hussain. The learned Judge was of the opinion that all these witnesses except Mst Bhao, gave evidence to suggest that Mst. Bhao was already on terms of illicit intimacy with the accused and had willingly left the house of her husband. Although Mst. Bhao had stated that accused appellant had forcibly abducted her and committed rape on her. Whatever version is accepted the fact remains that the accused appellant had been committing Zinah with Mst. Bhao. There is also evidence to the effect that during the night between 4^th and 5^thJune, 1979 the accused appellant, who had been staying as guest in the house of complainant Nawab, had enticed away Mst. Bhao with intent that she may have illicit intercourse with him and had detained with that intent.

The testimony of aforesaid witnesses has gone unchallenged and there is no reason at all to disbelieve the same specially as the accused appellant' is also a near relative of the complainant being his maternal uncle. The aforesaid evidence of the prosecution witnesses is also fully corroborated by the evidence of S. H. O. Ali Bux, A. S. I. Din Muhammad and H. C Mohammad Azam, who are independent police officers having no concern with the parties.

Under the circumstances, no case has been made out for the appellant and the appeal is accordingly dismissed.

Appeal dismissed,

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