' MUHAMMAD MUNIR KHAN, J.---This petition for leave to appeal arises from the facts that Waheed alias Gogi was tried by the Additional Sessions Judge, Chichawatni, for attempt to commit Zina-bil- Jabr with Rabia Iram aged five years on 5-1-1994 in his Baithak situate in Ward No,16, Gau Shala, Chichawatni, who, vide his judgment dated 1-12-1994 convicted him under section 18/10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced him to three years' R.I.
And fifteen stripes. The appeal filed by the petitioner against his conviction and sentence was dismissed by the Federal Shariat Court on 20-12-1994. Benefit of section 382-B, Cr.P.C. Extended by the trial Court was remained intact. Hence this petition.
2. Mst. Rabia Iram P.W.4 has stated that at the eventful time she was playing in the street in front of her house. The present petitioner took her to his Baithak, removed her Pajama and attempted to commit Zina with her. The alarm attracted Muhammad Anwar and others to the place of occurrence and on their arrival the petitioner ran away. Muhammad Anwar P.W.3 and Sultan Ahmad P.W.5 have fully supported the case of the prosecution. In his statement under section 342, Cr.P.C., the petitioner raised the plea of false involvement due to quarrel which took place prior to the occurrence between his family members and women of the complainant party. When asked as to why the witnesses had deposed against him, his answer was "I do no know as to why the P.Ws.
Have deposed against me." He did not produce any evidence in defence and also declined to make statement on oath in disproof of charge against him.
3. Learned counsel for the petitioner has been heard. The conviction of the petitioner rests on the statement of Mst. Rabia Iram aged five years, supported by Muhammad Anwar P.W.3 and Sultan Ahmed P.W.5 The three witnesses have been believed by the two Courts. The delay in the F.I.R. Has been explained. We do not find any infirmity in the evidence or in the A impugned judgment warranting any interference by this Court in exercise of its powers under Article 203F(2B) of the Constitution of the Islamic Republic of Pakistan, 1973.
4. Leave to appeal is, therefore, refused and the petition is dismissed.