MST. SAKINA BIBI Versus THE STATE

NAZIR AHMAD BHATTI, J -- Mst. Sakina Bibi appellant had herself recorded F.I.R. No.233 in Police Station Ghakhar on 30-12-1987 wherein she had charged her co-accused Rehmat Ali for subjecting her to Zina-bil-Jabr as a result of which she had become pregnant and gave birth to a son.

2. After investigation Rehmat Ali and the appellant were sent up for trial before the Sessions Judge, Gujranwala who charged both of them under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, to which they pleaded not guilty. After the conclusion of the trial the learned Sessions Judge acquitted co-accused Rehmat Ali while convicted the appellant Mst. Sakina Bibi and sentenced her to undergo rigorous imprisonment for 5 years, to pay a fine of Rs.2,000 or in default to further undergo rigorous imprisonment for 6 months and to suffer 20 stripes. Mst. Sakina Bibi has challenges her conviction and sentence by the appeal in hand.

3. Except the F.I.R. there is no other evidence against the appellant to prove the allegation 'that she used to commit Zina with her acquitted co accused Rehmat Ali. The mere fact that she gave birth to a child would not show that she was committing Zina, especially when,it was proved that she was a married woman.

4. The learned Sessions Judge acquitted the male accused by not believing the evidence produced during the trial. The same evidence could not be used against the appellant for committing Zina with him. In her statement recorded under section 342, Cr.P.C. the appellant had denied the making of the F.I.R. as also the allegation that she had committed Zina with her co- accused. As such there was not an iota of evidence on the record; to sustain the conviction of the appellant. Consequently the appeal is accepted. The conviction and sentence of the appellant are set aside and she is acquitted of the offence for which she was convicted and sentenced. She is on bail. Her bail bonds are discharged.

N.H.Q./865/FSC Appeal accepted.