1. ' MUHAMMAD AFZAL ZULLAH (Chairman).- Leave to appeal has been sought from judgment dated 11-10-1983 of the Federal Shariat Court; whereby petitioners' 'appeal from conviction and sentence for the offence of abduction of a female under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance No, VII of 1979 was dismissed.
2. ' The prosecution case based on the statement of Mst. Faizan P.W. The abductee is as follows: "That she was married to lqbal but was staying with her uncle Sultan in Chak No, 15/WB when about for or five months Before, Irshad Hussain appellant who is closely related to her, abducted her. She was however, returned about two months earlier on the intervention of the Panchayat. She had, therefore, lodged a complaint against lrshad Hussain, Sarang son of Salboon (D.W.2), Haq Nawaz s/o Shah Muhammad and Mst. Siddan in the Court of Assistant Commissioner, Mailsi. On the day of occurrence (3rd of September, 1980) she was proceeding to that Court at about 6-00 a.m.
3. Alongwith Muhammad Nawaz son of Sultan her cousin, Irshad her brother and Menzoor Hussain, when they reached Ratta Bengal the for appellants came out from an ambush and forcibly abducted her in the car."
4. ' The car mentioned in the foregoing narration was intercepted in the following circumstances: "On the 3rd of September, 1980 Saeed Ahmad, Sub-Inspector Police Post, Tibba Sultanpur was present at Chowk Asam in connection with the visit of Commissioner, Multan. He received a wireless massage from S.D.P.O. Mailsi to the effect that a dark brown Toyota car was proceeding to Tibba Sultanpur in suspicious condition and that it should be checked. Saeed Ahmad stopped the car when it reached Tibba Sultanpur. Its number plate was covered. On seeing the police party Mst.
5. Faizan Mai P.W.4, who was in the car raised an alarm Iftikhar Ahmad, acquitted accused was driving the car while the for appellants were seated in it alongwith Mst. Faizan Mai. Irshad is said to have been armed with .12 bore gun. Haq Nawaz was found armed with .12 bore pistol and each of them had ten cartridges. The car was taken into possession by memo. Exh. P.B. The First Information Report, Exh. P.A.1, was recorded the same day at 9.45 a.m. At Police Station Mitru on the Statement Exh. P.D. Of Mat. Faizan Mai which was recorded by Saeed Ahmad Sub-Inspector."
6. ' The defence plea was that lrshad appellant was lawfully married to Mst. Faizan and that Muhammad Nawaz P.W. Having abducted her, the accused in fact had gone to retrieve her from the house of Sultan the father of Said Nawaz and further that the complainant side in conspiracy with the police falsely implicated them.
7. ' Prosecution led evidence regarding original abudction as also the recovery of the abudctee in the circumstances narrated above. The defence adduced evidence to establish the marriage.
8. ' Both the learned Courts having carefully scrutinized the evidence and after excluding the doubtful links and admissions found abundant material to render finding of guilty against the petitioners.
9. ' Learned counsel has argued that the defence evidence is enough to establish the plea of valid Nikah between Mst. Faizan and Irshad accused. He also argued that the prosecution evidence has not been correctly appraised.
10. After hearing the learned counsel at some length we have not been able to find any serious defect in the approach of the learned Courts below in the appreciation of evidence. The plea of Nikah was only a counter last and not genuine nor bona fide. It was raised only to escape the consequences of a serious crime. On the question of act of abduction there is more than enough evidence to render finding of guilty.
11. ' No justification has been made out for interference. This petition' is accordingly dismissed.