1983 PLP 901 (SCMR)

NASIM HASAN SHAH, J.‑The petitioner aged IS/16 years along-with Mst. Sharifan., his mother and Muhammad Amin aged 12/13 years, his first cousin, were tried under sections 7 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 for having committed Zina‑bil jabr upon Mst. Shamim Akhtar a young girl aged about 12/13 years on the night of 15th September, 1980. The learned trial Court (Sessions Judge, Toba Tek Singh) acquitted Mst. Sharifan of the charges levelled against her by giving her the benefit of doubt. However, the petitioner Wasim Hassan and his cousin Muhammad Amin were found guilty of the charges under section 7 of the Ordinance but not under section 11 thereof. Accordingly, both of them were convicted under section 7 only and sentenced to suffer R. I. for a period of three years each and also to pay a fine of Rs. 5,000 each. Wasim Hassan, petitioner herein, being over 15 years old at the time of the commission of zina‑Uil-jabr was also awarded the sentence of whipping numbering 2 stripes only. On the appeal of the convicts before the Federal Shariat Court, a learned Single Judge of the said Court accepted the appeal qua Muhammad Amin who was only 12/13 years old and according to the medical evidence was not "fully mentally and sexually mature to perform sexual intercourse." However, the learned Judge found that so far as the petitioner, Wasim Hassan, was concerned the case of the prosecution qua him was established beyond any shadow of doubt, through the testimony of Mst. Shamim Akhtar, the pro secutrix, which was duly corroborated by the medical evidence of lady doctor Mrs. Farkhanda Iqbal, who had examined Mst. Shamim Akhtar and found that sexual intercourse had been performed with her and that of Dr. Muhammad Iqbal, who had found the petitioner fit to perform sexual intercourse. Accordingly, his appeal was dismissed. Hence this petition for leave to appeal. We have beard Sh. Hamid Mukhtar, learned counsel for the petitioner, who has taken us through the relevant evidence and also attempted to persuade us that the case, as put forth by the prosecution, may not believed. After having heard learned counsel for the petitioner, perused the available record and considered the submissions of the learned counsel for the petitioner we are, however, satisfied that the view taken by the Federal Shariat Court about the guilt of the petitioner, is correct and requires no interference. This petition, accordingly, fails and is dismissed hereby. Petition dismissed.