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Criminal Petition No. 2-R (Shariat) of 1984, decided on 27th October, 1984.

(From the judgment of the Federal Shariat Court, dated 5-12-1983 in Criminal Appeal No. 150/I of 1983).

---Art. 203-F--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12--Penal Code (XLV of 1860), S. 377--Sodomy--Abduction- Federal Shariat Court rendering a finding of not guilty on extension of benefit of doubt to accused mainly on consideration that ocular testimony was tainted due to enmity involving previous cases of murder and a woman's abduction as also its contradiction by medical evidence- Judgment proceeded on sound principles of administration of criminal justice and was unexceptionable--Leave to appeal refused.

Raja Aziz-ud-Din Ahmad, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner.

Mujeebur Rehman, Advocate Supreme Court and Ch. Ghulam Dastgir, Advocate-on-Record for Respondent No.l.

Ghulam Ahmad, Advocate Supreme Court for the State.

Date of hearing: 27th October, 1984.

Leave to appeal has been sought from judgment dated 5-12-1984 of the Federal Shairat Court; whereby the respondent No. 1 was acquitted in a case of sodomy.

Muhammad Saleem the victim, his father and an uncle appeared against the respondent to depose that he had committed sodomy. The medical evidence showed, according to the doctor that sodomy was not committed. The marks of violence found on the person of Muhammad Saleem could be the result of beating in a scuffle. Although the learned trial Judge believed the prosecution witnesses and convicted the respondent for attempt to commit an offence under section 377, P.P.C. as also for abduction under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), the Federal Shariat Court rendered a finding of not guilty on extension of benefit of doubt mainly on consideration that the ocular testimony was tainted due to enmity involving previous cases of murder and a woman's abduction, as also its contradiction by medical evidence.

Learned counsel made effort to show that there was only remote connection of the accused with the concerned parties in the previous cases, but the evidence to the contrary did establish close connection.

His effort to show that the medical evidence did corroborate Muhammad Saleem to some extent has also failed. The impugned judgment proceeds on sound principles of administration of criminal justice and is unexceptionable. We find no justification for interference. This petition accordingly is dismissed.

M . Z . M . Petition dismissed.

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