1996 PLP 1089 (SCMR)
MUHAMMAD RIAZ and another‑‑‑Appellants Versus THE STATE‑‑‑Respondent
| Citation | 1996 PLP 1089 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Rafiq Tarar, Pir Muhammad Karam Shah and |
| Parties | MUHAMMAD RIAZ and another‑‑‑Appellants Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1996 PLP 1089 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 1089 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Rafiq Tarar, Pir Muhammad Karam Shah and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 1089 (SCMR) (MUHAMMAD RIAZ and another‑‑‑Appellants Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Q.M. Salim, Senior Advocate Supreme Court instructed by Tanvir Ahmed, Advocate‑on‑Record for Appellants.
- Date of hearing: 4th June, 1994.
- Q.M. Salim, Senior Advocate Supreme Court instructed by Tanvir Ahmed, Advocate-on-Record for Appellants.
- A.-G. Punjab and Ghulam Bari, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the judgment dated 7‑4‑1992 passed by the Federal Shariat Court in Criminal Appeal No. 59/L/1991). (a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑‑ ‑‑‑‑S. 10(2)‑‑‑Constitution of Pakistan (1973), Art. 203‑F (2‑B)‑‑‑Leave to appeal was granted to accused only to consider the question of sentence. [p. 1089] A (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑‑ ‑‑‑‑S. 10(2)‑‑‑Sentence, reduction in‑‑‑Sentence of ten years' R.I. awarded to accused being excessive in circumstances was reduced to five years' R.I. with benefit of S. 382‑B, Cr.P.C.‑‑‑Sentence of whipping (30 stripes) was, however, maintained. PLD 1987 FSC 11 and 1988 SCMR 1772 ref. A.‑G. Punjab and Ghulam Bari, Advocate Supreme Court for the State.
Judgment & Decree
MUHAMMAD RAFIQ TARAR, J.
Muhammad Riaz and Zahoor Ahmad appellants were convicted by a learned Additional Sessions Judge under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 for committing Zina-bil-Jabr with Mst. Shakila Kausar P.W. and sentenced to R.I. for 10 years and 30 stripes each. On appeal before the Federal Shariat Court their conviction was altered from section 10(3) to section 10(2) of the Ordinance but sentence of 10 years' R.I. and 30 stripes was maintained. Vide order dated 24-8-1992 leave to appeal was granted only to consider the question of sentence.
2. Learned counsel for the appellants contends that in Bahadur Shah's case (PLD 1987 FSC 11) in a similar situation the Federal Shariat Court on altering the conviction from section 10(3) to section 10(2) of the Ordinance reduced the sentence from R.I. for 5 years to R.I. for 4 years. He also referred to 1988 SCMR 1772 wherein sentence of R.I. for 5 years under section 10(2) awarded by the trial Court was reduced by the Federal Shariat Court to R.I. for 4 years and this Court further reduced it to the term of imprisonment already undergone by the convict in that case. After hearing the learned counsel we feel that the sentence of R. I. For 10 years is excessive and we reduce it to R.I. for 5 years maintaining the sentence of whipping. The appellants shall also get benefit of section 382-B of the Cr.P.C. The appeal stands disposed of accordingly. N.H.Q./M-2262/S Sentence reduced.