' SHAFIUR RAHMAN, J.--Manzoor Hussain was granted leave to appeal on a petition filed from jail against his conviction and sentence under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and under section 323/34, P.P.C.
2. At the hearing of the appeal we have been informed that the appellant has already served his sentence and has been released from Jail. However, the sentence of thirty stripes awarded by the Federal Shariat Court has yet to be undergone. This has necessitated the reappraisement of the evidence in the light of the leave granting order.
3. After going through the statement of the prosecutrix, we find that she has admitted that at the time of the occurrence she was unable to identify the appellant. It was also admitted by her that the identity of the appellant was disclosed by the tracker who examined the foot-prints of the two accused found at the spot. It was also admitted by her that the appellant had a subsisting enmity with her maternal uncle Mohsin. Besides, the prosccutrix is a married lady. She stated at the trial having received extensive injuries on her body but the Doctor found none. All these facts appearing in the statement of the prosecutrix herself make the case against the appellant doubtful. Hence the appeal is accepted and the conviction and sentence are set aside. The appellant has already undergone the sentence and has since been released. Therefore, there will now be no occasion to inflict the stripes.