1. MUHAMMAD AFZAL ZULLAH, J.-This leave petition under Article 203-F(2-B) of the Constitution calls in question the conviction and sentence of petitioner for Zina, under section 10 (2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The challenge is to the judgment dated 4-5-1982 of the Federal Shariat Court whereby the conviction was altered from Zina-bil-jabr to Zina on the assumption that there was a possibility of the victim being a consenting party, the sentence was also consequently reduced.
2. After hearing the learned counsel in support of his two-fold submission that if it was a case of consent the female should also have been convicted and that in any case the appropriate order should have been of remand, we do not find any jurisdiction for interference.
3. With respect it is pointed out that the Federal Shariat Court failed to notice that the correct age of the victim was only 16 years as against the petitioner a fully grown up male in his mid-twenties. She had a frail body weighing only 94 pounds. She bore marks of violence on the backs of both the forearms particular whereof are typical of use of brutal force. She was virgin before the act. The fact that the gagging of her mouth with a cloth did not produce any injury, was not indicative at all of either it being a false assertion or that it was unnatural. Keeping in view all these circumstances and others mentioned in the impugned judgment, we are unable to agree that it might have been a case of consent. That being so, the question of directing retrial does not arise. Otherwise too, the argument is misconceived. This petition is accordingly dismissed as without any merit.