Dr. Rashid Ahmad Jullundhri, J.--This Criminal Petition for leave to appeal is directed against the judgment of November 28, 2008, passed by the Federal Shariat Court whereby the Criminal Appeal No, 38(s)/2008 was dismissed, In fact, The Federal Shariat Court in its judgment upheld the judgment of July 14, 2005 passed by the Additional Sessions Judge whereby "the charge has not been proved against the accused. So by extending benefit of doubt the accused are acquitted of the charge". In its judgment of November 28, 2008. The learned Federal Shariat Court also "did not find any merit in the two applications and had therefore dismissed them by the short order".
2. On August 21, 2001 a formal FIR No, 69 under Section 354/452 PPC read with Section 18 of the Offence of Zina (Enforcement of Hudaod Ordinance), 1979, was lodged with the Police Station of Tamman, District Chakwal. The FIR is based on a statement of petitioner's husband; Muhammad Aksar son of Basheer Khan Awan, resident of Dhauk Bazgul, Tamman. Before lodging the FIR with the Police Station of Tamman, on August 21, 2001, Mrs. Zainab Khatoon, (Petitioner) in her petition of August 2, 2001 to the S.S.P of Chakwal has written in detail her encounter with the accused (Muhammad Nawaz). In her petition, she also involved father and brother of the main accused, while they were not introduced in the FIR. Mention must be made that Mr. Hasnain Raza, (Magistrate 1st Class, Talagang) in his "INQU IRY REPORT" says that on November 05, 2001 Mrs. Zainab Khatoon filed a complaint before the Court wherein she alleged that she is resident of Dhoke Baz Gul. On 2.8.2001 when the complainant; Mrs. Zainib Khatoon was sleeping in her room at 12.30 p.m., the accused Muhammad Nawaz entered her room at 12.30 p.m. and tried to commit Zina-bil-jabr with her. The husband of the complainant suddenly appeared in the room and raized hue and cry. By doing so, he saved her honour.
3. Later, Mrs. Zainab Khatoon, complainant filed her complaint in the Court of learning Additional Sessions Judge. The complainant repeated her un-pleasant story which was told in the Court of Magistrate 1st Class as well as it is mentioned in the FIR. The accused (Muhammad Nawaz while answering the questions he explained "the true" version of the story by saying: "Aksar Khan PW (husband of Mrs. Zainab Khatoon, (the petitioner) got ploughed his agricultural land by me through my tractor and on demand of remuneration, both husband and wife concocted this story against me which is apparent from the affidavit filed by mother and brother of Mrs. Zainab Khatoon which they presented before I.O. Munir Ahmad, C.W. Having examined the petition in depth, the learned Additional Sessions Judge writes "In view of above circumstances the charge has not been proved against the accused The whole of claim of complainant is falsified due to above mentioned contradictions. The accused are acquitted of charge".
4. Feeling aggrieved the petitioner filed appeal against the acquittal of respondent accused on 5.9.2005 under Section 417(2) Cr.P.C. Before the admittance of appeal for regular hearing it was dismissed for non-prosecution on 17.3.2008. Subsequently, as noted above, the application of petitioner seeking restoration of appeal and condonation of delay was also dismissed by learned Federal Shariat Court.
5. Perusal of the case made it clear that the petitioner as well as her learned counsel were not able to solve their legal problems in their true perspective. Perhaps this is the reason that the learned Federal Shariat Court in its Judgment of November 28, 2008 passed the following remark: "However, in view of the persistent default on the part of the appellant and her learned Counsel during the last three years, as described in Para-4 of the Order, this bald statement by the petitioner in her affidavit is not enough to explain the delay of nearly eight months in filing the restoration applications. For the above noted reasons we did not find any merit in the two applications and had therefore dismissed them by the short order". This observation made by the Federal Shariat Court in its aforementioned judgment explains the "Worth" of petition filed by the petitioner.
6. The upshot of the above discussion is that the two sound judgments, passed by the trial Court and the Federal Shariat Court against the petitioner do not allow an interference with. Thus Criminal Petition No, 38(s)/2008 void of merit is dismissed and leave to appeal is refused.