2002 PLP 23 (YLR)
MUHAMMAD HAYAT — Petitioner Versus SUPERINTENDENT, CENTRAL JAIL FAISALABAD and 2 others — Respondent
| Citation | 2002 PLP 23 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khalil-ur-Rehman Ramday, J |
| Parties | MUHAMMAD HAYAT — Petitioner Versus SUPERINTENDENT, CENTRAL JAIL FAISALABAD and 2 others — Respondent |
Q1: What are the key laws and sections cited in 2002 PLP 23 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 23 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khalil-ur-Rehman Ramday, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 23 (YLR) (MUHAMMAD HAYAT — Petitioner Versus SUPERINTENDENT, CENTRAL JAIL FAISALABAD and 2 others — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Aftab Ahmed Bajwa for Petitioner.
Judgment & Decree
"Rape.-- A man is said to commit `rape' who except in the cases hereinafter excepted, has sexual intercourse with a woman under circumstance falling under any of the five following descriptions:-- First, against her will. Secondly, without her consent. Thirdly, with her consent, when her consent has been obtained by putting her in fear of death, or of hurt. Fourthly, with her consent when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly, with or without her consent when she is under fourteen years of age."
5. From a perusal of the provisions of the said Ordinance No.VII Of 1979, it transpires that the offence of. rape as it existed prior to 1979 is now the offence of B Zina-bil-Jabr as defined in section 6 of the said Ordinance No.VII of 1979 which reads as under:-- "Zina-bil-Jabr.-- (1) A person is said to commit Zina-bil-Jabr if he or she has sexual intercourse with a woman or man, as the case may be, to whom he or she is not validly married, in any of the following circumstances, namely:-- (a) against the will of the victim, (b) without the consent of the victim, (c) with the consent of the victim, when the consent has been obtained by putting the victim in fear of death or of hurt, or (d) with the consent of the victim, when the offender knows that the offender is not validly married to the victim and that the consent is given because the victim believes that the offender is another person to whom the victim is or believes herself or himself to be validly married."
6. It would thus be noticed that Zina simplicter punishable under section 10(2) of the Ordinance No.VII of 1979 is not the same thing as rape. Since the petitioner had been found guilty and convicted of the commission of the offence of Zina and was punished under the said section 10(2) of the said Ordinance No.VII of 1979, therefore, his case is not hit by the exceptions created in the orders in question of the President.
7. In this view of the matter, this petition is allowed. The concerned Jail Authorities are directed to extend the remissions in questions to the petitioner also as his case is not covered by the offence of rape. J.A.M./M-913/L Petition allowed.