' NAZIR AHMAD BHATTI, J.---Appellant Taj Din has been convicted by Additional Sessions Judge, Gujranwala on 20-12-1992 under section 16 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 and has been sentenced to undergo rigorous imprisonment for 4 years, to suffer 5 stripes and to pay a fine of Rs,1,000 or in default to further undergo rigorous imprisonment for 3 months. His co-accused Mst. Asghari and Abdullah were acquitted. The convict has challenged his conviction and sentence by the appeal in hand. Criminal Revision Petition No, 20/L of 1993 has also been submitted by the complainant Muhammad Ramzan for enhancement of the sentence of the appellant. Suo Motu No, 50/L of 1993 was also issued by this Court at the time of admission of the appeal. This judgment will dispose of the appeal, revision petition and suo motu notice.
2. The facts of the case are very simple. The petitioner Muhammad Ramzan made a report in Police Station Noshera Virkan on 30-8-1989 wherein he disclosed that his daughter Mst. Ameena Bibi had been abducted by appellant Taj Din and his co-accused on 14-8-1989. The appellant and his acquitted co-accused were sent up for trial before the Additional Sessions Judge who charged them under section 16 of the Hudood Ordinance to which they pleaded not guilty and claimed trial.
3. The matter of alleged abduction was disclosed to police 16/17 days after it had taken place and no explanation whatsoever had been furnished for this inordinate delay.
4. Mst. Ameena Bibi and also made a statement under section 164, Cr.P.C. On 16-9-1989 wherein she had stated that she had voluntarily contacted marriage with the appellant Taj Din and was living with him as his wife.
5. In view of the statement of the alleged abductee Mst. Ameena Bibi made under section 164, Cr.P.C. After her recovery clearly indicated that there was no element of enticement involved in the matter. Consequently the appeal is accepted. The conviction and sentence of the appellant recorded on 20-12-1992 by the learned Additional Sessions Judge, Gujranwala are set aside and he is acquitted of the offence for which he was convicted and sentenced. He is on bail. His bail bond stands discharged. The criminal revision petition and criminal suo motu notice have become infructuous which are dismissed.