' GUL MUHAMMAD KHAN, C J.--The two appellants have been convicted and sentenced by the learned Additional Sessions Judge, Nowshera, vide his order, dated the 15th of February, 1986 as under:- Gul Zaman and Mst. Riaz 10 years' R.I. With whipping Begum under section 10(2). Numbering 30 stripes and a fine of Rs,5,000 each. In default of payment of fine they were to suffer 6 months' R.I., further. Gul Zaman under section 16 3 years' R.I., with whipping numbering 5 stripes and a fine of Rs,2,000. In default of payment of fine, he was to suffer 3 months' R.I., further.
' The two sentences of Gul Zaman were ordered to run concurrently. Both the appellants have challenged their conviction and sentences through the present appeal.
2. The occurrence took place on the 12th of January, 1984, in . Village Zando Banda, Police Station, Risalpur. Maulvi Muhammad Faheem, P.W.2, the husband of Mst. Riaz Begum reported to Mirza Khan, S.I./ S.H.O. P.W.3 that his wife, who had taken his leave to go to see her ailing aunt, did not come back. He also searched for her and later came to suspect from the absence of the appellant No,1 that he abducted her for the purpose of committing Zina.
3. Mst. Riaz Begum was recovered by the Police on the Ist of January, 1984 from the house of Imamuddin, P.W.5 and was medically examined on the same day by Lady Doctor Yasmeen, P.W.
She had also taken vaginal swa bs but the result was negative. The medico-legal report Exh.P.E./1 was proved by Dr. Iftikhar Ali Kheljee, P.W.10.
4. The prosecution produced 10 witnesses in support of its case but none of them gave direct evidence about the abduction or the allegation of Zina. The case, therefore, rested purely on the statement of the husband Maulvi Muhammad Faheem, P.W.2. The relevant portion of his statement is as under:- "It is correct that I have not suspected my wife for having illicit relations with someone. I have not suspected accused Gul Zaman for illicit relations with my wife, however, the people used to talk regarding their illicit relations and after the present occurrence I gathered that it was true."
5. The facts given above, do go to show that in this case th husband has levelled charges of Zina against his wife, but there is no direct evidence about it. Both the learned counsel have, therefore, agreed that the case fell under section 14 of the Offence of Qaz (Enforcement of Hadd) Ordinance, 1979. The trial Court, was therefore, bound to have followed the procedure as laid down in section 14 of the said Ordinance. Consequently, we allow this appeal, set aside the conviction which is not based on any evidence whatever and send the case back to the trial Court with the direction that he shall follow th procedure as laid down in section 14 referred to above between the husband Maulvi Muhammad Faheem P. /.2 and his wife, Mst. Riaz Begum. The two appellants are, however, acquitted of the charges already leveled against them and they shall be released forthwith. Mst.
Riaz Begum shall, however, furnish bail bonds in the sum of Rs,10,000 wit two sureties in the like amount to the Jail Superintendent, to appear before the trial Court.