' MUHAMMAD MUNIR KHAN, J.---Muhammad Yaqub appellant, Mst. Alam Bibi and Mst Kaniz Fatima were tried by the Additional Sessions Judge, Lahore on the charges under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as the Ordinance), for taking away Mst. Sughran Bibi from her house and under section 10(3) of the Ordinance for committing Zina-bil-Jabr with her, who, on 12-5-1991 acquitted all the three accused of the charges. An appeal was filed by the State against their acquittal before the Federal Shariat Court, but on 13-1-1992 Rana Muhammad Arif, Assistant Advocate-General, Punjab appeared for the State and gave up Mst. Alam Bibi and Mst. Kaniz Fatima. Hence, their names were struck off and the appeal was admitted for regular hearing against Muhammad Yaqoob only. On 4-2-1993, the Federal Shariat Court accepted the appeal against the appellant Muhammad Yactoob, set aside the judgment of his acquittal and convicted him under sections 16 and 10(2) of the Ordinance. He was awarded five years' R.I. And 5 stripes under section 16 and 5 years' R.I. And 30 stripes under section 10(2) of the Ordinance. Both the sentences were ordered to run concurrently. Benefit of section 382-B, Cr.P.C. Was extended to him. Feeling aggrieved, the appellant had filed a petition for leave to appeal in this Court which was granted on 16-11-1993 to examine whether the principles A laid down by this Court for interfering with an order of acquittal were kept in view, by the Federal Shari at Court.
2. In her statement Mst. Sughran Bibi stated that on 2-2-1987 at 12.00 noon she was sitting in her house when Mst. Alam Bibi and Kaniz Fatima came there and took her to their house on the pretext of meeting with a guest. On reaching their house, she asked about the presence of the guest upon which Kane Fatima pushed her inside the room and Alma Bib caught hold of her. Muhammad Yaqub accused/appellant was already present in the room. Thereafter, she became unconscious.
When she regained conscience, she found herself in a room where parts of the motor-cars and scooters were lying. Muhammad Yaqub was standing there with knife in his hands. He committed Zina-bil-Jabr with her. She was kept there for six days and during this period Muhammad Yaqub had been committing Zina-bil-Jabr with her. She was then removed to a Bus Stand where the Police was present. The Police arrested her and Muhammad Yaqub and took them to Police Station Batapur.
3. Believing the statement of Mst. Sughran Bibi P.W.7 and the Medico-legal report prepared by Dr. Kaukab Akbar, Women Medical Officer (who had left the country at the time of the trial) which was proved by Noor Muhammad, Dispenser P.W.8, the Federal Shariat Court has convicted the appellant.
4. Learned counsel for the parties have been heard. Mst. Sughran Bibi had leveled the charges of deceitful abduction and commission of Zina-bil-Jabr by the appellant with her.. The Federal Shari at Court has not believed the story told by her. The Federal Shari at Court has found that Mst.
Shoran Bib had eloped with the appellant and was a consenting party. Since Mst. Sughran Bib has been found a woman of easy virtue and bas also been found to have made false allegation of deceitful abduction against Mst. Alam Bibi and Kaniz Fatimz and allegation of Zina-bil-Jabr against the appellant, so no implicit reliance can be placed on her solitary statement. The medical evidence and the positive report of the Chemical Examiner will not take the prosecution case any further. No doubt, these circumstances will show that sexual intercourse had been committed with Mst. Sughran Bibi, but these circumstances will not connect the appellant with the crime.
Furthermore, the judgment of acquittal of the appellant was supportable from evidence and circumstances appearing in the case and was not a perverse judgment. So, there were no compelling circumstances to interfere with it.
5. For what has been stated above, there being no satisfactory basis to uphold the conviction of the appellant, the appeal is accepted, the impugned C judgment is set aside and the appellant is acquitted of the charges. He shall be released forthwith if not required in any other case.