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Jail Petition No. 1‑R (S) of 1983, decided on 27th June, 1983.
(On appeal from the judgment dated 18‑12‑1982 of the Federal Shariat Court in Cr. A. No. 128/1/82).
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑
--S. 10 (3)‑Zina‑bil‑Jabr by father upon his own daughter Maximum punishment prescribed by law for such abominable act of accused justified.
Raashfd Azlz Khan, Addl. A. G. (Ph.) for the State.
Date of hearing : 27th June, 1983.
‑The petitioner was convicted under section 10 (3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 for committing zina‑bil jabr upon his own daughter Mst. Shamshad and for this incestuous act sentenced to undergo R. I. for 25 years and also awarded the punishment of whipping numbering 30 stripes ‑by the learned Sessions Judge, Multan. His appeal before the Federal Shariat Court hav ing failed, hence this petition for leave to appeal, which has been submitted through jail.
The sentence awarded to the petitioner is the maximum punishment prescribed under section 10 (3) of the Ordinance. We have, therefore, very carefully gone through the entire record with the assistance of Mr. Raashid Aziz, Additional Advocate‑General (Punjab) with a view to satisfying our selves that the findings of the Courts below that the petitioner was indeed guilty of the depravity found against him was correct.
Unfortunately, we find no ground to differ with the findings of the learned Courts below that the petitioner did commit zina‑bit‑jabr. upon his own daughter. For such an abominable act he deserved the maxi mum punishment prescribed there for by law.
This petition is dismissed.
Petition dismissed.
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