2004 PLP 195 (SCMR)
MUHARRAM — Appellant Versus THE STATE — Respondent
| Citation | 2004 PLP 195 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh, Actg. C. J., Qazi Muhammad Farooq, Dr. Allama Khalid Mahmood and Allama Rashid Ahmed Jullundhari, JJ |
| Parties | MUHARRAM — Appellant Versus THE STATE — Respondent |
| Primary Law | (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), (a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) |
Q1: What are the key laws and sections cited in 2004 PLP 195 (SCMR)?
This judgment primarily cites: (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), (a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 195 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh, Actg. C. J., Qazi Muhammad Farooq, Dr. Allama Khalid Mahmood and Allama Rashid Ahmed Jullundhari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 195 (SCMR) (MUHARRAM — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Zaman Bhatti, Advocate Supreme Court for Appellant.
- Date of hearing: 11th June, 2002.
- Suleman Habib, Additional Advocate-General, Sindh for the State.
Headnotes / Summary
(On appeal from the judgment dated 17-3-1998 of the Federal Shariat Court passed in Jail. Criminal Appeal No.8/K of 1996)-.
S. 10(3)
Constitution of Pakistan (1973), Art.203-F(2B)
Leave to appeal was granted to accused by-the Supreme Court to consider whether the sentence of 25 years' R.I. awarded to him, in the circumstances, was excessive.
S. 10(3)
Sentence, reduction in
Minimum punishment prescribed under the law was 4 years' R.I. and maximum punishment .was 25 years' R.I'.--Award of maximum punishment to the accused in the facts and circumstances of the case was not justified-- Conviction of accused was consequently upheld, but his sentence was reduced,-from 25 years' R.I. to 15 years' R.I.
Appeal was disposed of accordingly. Suleman Habib, Additional Advocate-General, Sindh for the State.
Judgment & Decree
MUNIR A. SHEIKH, ACTG. C J.
This appeal with leave of the Court is directed against judgment dated 17-3-1998 of the Federal Shariat Court whereby appeal filed by the appellant against his conviction under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and award of rigorous imprisonment for 25 years has been dismissed.
2. Leave was granted to consider whether the sentence of 25 years' R.I. awarded to the appellant in the circumstances was excessive.
3. According to' the prosecution story the appellant committed Zina-bil-Jabr with Mst. Bakhtawar a child of about 9 years on 30-5-1988. The complainant (her real brother) was coming from his shop and when he reached the dodown of Qalati Brohi at about 6-00 p.m. he heard cries of his sister Mst. Bakhtawar. He pushed the gate of the Godown and saw that present appellant was committing Zina-bil-Jabr with her who was raising cries. It. was also the case of the complainant that on seeing him the appellant fled away from the door of Godown. The victim was brought to the house and she disclosed that she was subjected to sexual intercourse. Ocular account has been narrated by the victim herself who was examined as P.W.6 and by her brother P.W.5 on whose application F.I.R. was registered.
4. The trial Court after considering the prosecution evidence came to the conclusion that the case against the appellant had been proved beyond reasonable shadow of doubt. Though it was of the view that it was a case of lesser punishment but proceeded to award 25 years' R.I. and 30 stripes, which is the maximum sentence prescribed under the law.
5. The appellant filed appeal before the Federal Shariat Court which has been dismissed by the impugned judgment dated 17-3-(998 against which this -appeal with leave of the Court is directed.
6. We have heard the learned counsel for the parties: While considering the question of excessiveness of sentence on which leave was granted, we found that the award of maximum prescribed sentence in the facts and circumstances of the case was not justified keeping in view that the minimum punishment prescribed under the law is 4 years' and maximum 25 years, therefore, while upholding the conviction of the appellant under section 10(3) of the Offence of Zina (Enforcement or Hudood) Ordinance, 1979 we reduce the sentence of the appellant from 25 years' R.I. to 15 years' R.I. With this modification of sentence, the appeal is disposed of. N.H.Q./M-515/S Sentence reduced.