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Jail Petition for Leave to Appeal No. 15‑R(S) of 1985, decided on 24th October, 1985.
‑‑‑Art. 203‑F(2‑B)‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(2)‑‑Offence of Zina‑‑Conviction‑‑Accused committing Zina with a woman who was not married to him‑‑Sentence imposed also not excessive‑‑Conviction upheld‑‑Leave to appeal refused‑‑Benefit of S.382‑B, Cr.P.C. was however allowed to accused.
Petitioner, Muhammad Yousaf, by this petition (through Jail) under Article 203‑F(2‑B) of the Constitution, seeks leave to appeal against the judgment passed by a Division Bench of the Federal Shariat Court, Islamabad on 27‑3‑1985, whereby his appeal (also through Jail) challenging his conviction under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, hereinafter referred to as the Ordinance, and the sentence of 5 years' R.I. plus whipping (numbering 20 stripes) and a fine of Rs.1,000 or in default further one years' R.I., recorded by the learned Additional Sessions Judge‑I, Rahimyar Khan vide judgment dated 2‑5‑1984, was dismissed.
I have carefully perused the judgments of the Courts below and have also gone through the evidence. It is quite clear that Mst. Jameela Inayat P.W.5, a young unmarried girl of about 16 years eloped with the petitioner (Muhammad Yousaf) during the night of 5th/6th October, 1983 and lived with him for about 10 days until they were arrested by the Quetta Police on 17‑10‑1983 and that during this period the petitioner had sexual intercourse with her. He has, therefore, rightly been convicted under section 10(2) of the Ordinance as he was committing Zina with a woman who was not married to him. The sentence imposed is also not excessive. I would dismiss this petition. However, he may be granted the benefit of section 382‑B, Cr.P.C. in computing the sentence he has yet to undergo.
The petition is dismissed the benefit of S. 382‑B, Cr.P.C. is, however, allowed in the matter of computation of sentence.
M. Y. H. Leave refused.
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