MIAN BURHANUDDIN KHAN J.-This criminal petition for leave to appeal is directed against the judgment and order of the learned Federal Shariat Court dated 23rd November, 1982 passed in Criminal Appeal No. 54/L of 1982 read with judgment of the learned Additional Sessions Judge-11, Bahawalnagar dated 31st May, 1982.
2. Muhammad Hussain resident of Chak No. 71/4-B, Police Station Haroonabad, District Bahawalnagar lodged a report on 2nd April, 1981 to the effect that about 20/21 days prior to the date of report, he, alongwith his wife had gone to Haroonabad leaving behind his two daughters namely Mst. Tasnim Akhtar aged 14/15 years and Mst. Yasmin aged 12/13 years. On returning from Haroonabad he found' them missing. On enquiry, Muhammad Jehangir and Rashid Ahmed P. Ws.
Told him that about 3 or 4 p. m. They, on their way back from Haroonabad, had seen Muhammad Rafiq, Manzoor Ahmed and Muhammad Amin, residents of Chak No. 52/ 4-R, alongwith Mst. Tasnim Akhtar and Mst. Yasmin ; that on enquiry, they (P. Ws.) were informed that the mother of the girls had fallen ill and had called for the girls. The complainant then searched for the girls but without success. On 1st April, 1981 the local Police of P. S. Faqirwali arrested Mst. Tasnim Akhtar and Mst.
Yasmin alongwith Manzoor Ahmed and Muhammad Rafiq. On this information the report was lodged. State--ments of the two abductees were recorded under section 164, Cr. P. C. Where--in the petitioners were implicated for their abduction.
3. The two girls were medically examined by Lady Doctor Zohra Manzur, P. W. 2 and she found Mst.
Tasnim Akhtar to be of 18 years of age and Mst. Yasmin of 15/16 years. Both the girls were found to have been subjected to sexual intercourse. Mst. Tasnim Akhtar was also found to be pregnant since 16 weeks.
4. The accused-petitioners were tried by the learned Additional Ses--sions Judge, Bahawalnagar, alongwith 3 other accused namely Muhammad Amin, Muhammad Rafiq and Manzur Ahmed under sections 10 (2), 10 (3), 11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance VI of 1979 and were all sentenced to various terms of imprisonment, stripes and' fine, vide judgment dated 31st May, 1982.
5. Muhammad Rafiq, Manzur Ahmed and Muhammad Amin filed Criminal Appeal No. 69-1/1982 in the Federal Shariat Court. The learned Court vide judgment dated 22nd September, 1982 acquitted Rafiq and Manzur of all the charges, while Amin was acquitted of the charge under sections 11 and 10 (3) of the aforesaid Ordinance but rest of his sentence awarded by the trial Court was maintained. During the hearing of Appeal No. 65-1 / 1982 it came to the notice of the learned Judges that the remaining two accused Muhammad Anwar and Muhammad Azam had also filed Crimi--nal Appeal No. 54-L/82. Therefore, exercising their revisional jurisdiction the learned Judge issued notice to the State. The learned Court acquitted the convicts of all charges except that the conviction and sentences of Muhammad Amin, Muhammad Anwar and Muhammad Azam under section 10 (2) of the Ordinance were maintained i.e. 5 years' R. I., 10 stripes and fine of Rs. 500 each or in default, further six months, and conviction and sentence awarded to Muhammad Amin under section 16 of the Ordinance were also maintained.
6. Learned counsel contended that the offence allegedly committed by the petitioners does not fall within the purview of subsection (2) of section 10, Offence of Zina (Enforcement of Hudood)
Ordinance No. VII of 1979 because under section 4 of the said Ordinance a man and a woman are said 'o commit Zina if they wilfully have sexual intercourse without being legally married to each other; that such finding had been based by the Courts below on the solitary statement of the girls who are held to be women of loose virtue and moreover the girls had not named the appellants in their state--ments made to the police ; that the two girls were neither abducted by the petitioners nor were recovered from the custody of the petitioners ; that There is no evidence forthcoming to substantiate the view taken by the courts below ;that even the police had declared the petitioners innocent in, their earlier report ; that the report in the case was lodged 20/21 days after the disappearance of the two abductees and the delay has not been explained by the complainant, We have examined the contentions raised by the learned counsel and find no force in them. The girls have charged Muhammad Anwar alias Jagga and Muhammad Azam in their statements recorded both under section A 164, Cr. P.C. And the trial Court. Nothing has been brought on the record to how that the girls were prompted by any person to falsely implicate the petitioners. Thus, we find the petition to be without any merit and consequently, the case is dismissed.