2001 P Cr (PLP)
SHAHID AHMAD — Appellant Versus THE STATE — Respondent
| Citation | 2001 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SHAHID AHMAD — Appellant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2001 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 P Cr (PLP) (SHAHID AHMAD — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S. 10(3)
Anti-Terrorism Act (XXVII of 1997), S.7
Parties had no previous background of enmity
Occurrence had taken place in broad daylight
Accused was apprehended on the spot and he being the only accused in the case, no question of substitution could arise-- Ocular account of occurrence had come from an unimpeachable source and the same was corroborated by medical evidence
Accused had acted devilishly and he did not deserve any leniency
Conviction and sentence of accused under S.10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, were upheld in circumstances
No case under S.6 of the Anti-Terrorism Act, 1997, however, having been made out against the accused, his conviction and sentence under S.7 of the said Act were set aside.
Judgment & Decree
On 10-2-1999, Lady Doctor Shazia, W.M.O., T.H.Q. Chiniot, medically examined Mst. Amna and made following observations:- On external examination following injuries were found:- (1) Multiple abrasions .5 c.m. x 1.00 c.m. on both upper and lower lips. (2) An abrasion about .5 c.m. on left cheek. On per vaginal examination hymen was ruptured and following injuries were at the level of intriotus. (3) A lacerated wound 5 c.m. x 2 c.m. x muscle deep on left side of intriotus involving anal sphincter, muscle and muscosa. (4) A lacerated wound 4 x 2 x muscle deep on right side of intriotus. (5) A tear 4 c.m. x 1 c.m. x muscle deep on right lateral urrthro vaginal wall. Three vaginal swabs were taken and sent to the Chemical Examiner Opinion In her opinion the act of rape has been done. Injuries Nos. 1 and 2 Shujah-e-Khafifah under section 337-A(1), injuries Nos. 3, 4 and 5 were kept under observation. Probable duration of injuries was 3 to 4 hours.
7. On 11-2-1999 the victim Mst. Amna was medically examined by Lady Doctor Robina, Registrar Gynae Department, Allied Hospital, Faisalabad and she found following injuries:-- (1) There was 3 degree parinial tear. (2) A tear in the lateral posterior vaginal walls about 3 c.m. x 4 c.m. which were not bleeding. The wounds were duly stitched and the patient was remained in the hospital for about 10 days. Statement of both the lady doctors corroborate the prosecution version. Then there is statement of Doctor A.R. Tahir who had examined the accused and found him potent. The act of the appellant was of a daredevil one. He does not deserve any leniency from this Court. Considering all aspects of the case, conviction and sentence awarded to the appellant by the learned trial Court under section 10(3), Offence of Zina (Enforcement of Hudood) Ordinance, 1979 is maintained. As far as conviction under section 7 is concerned, no case under section 6 of the Anti -Terrorism Act, 1997 is made out, so his conviction under section 7 of the said Act is set aside and even the learned A.A.G. has conceded the submissions made by the learned counsel for the appellant in this regard.
8. The upshot of the above discussion is that conviction under section 10(3), Offence of Zina (Enforcement of Hudood) Ordinance, X79 awarded to the appellant is maintained and the appeal is dismissed. N.H.Q./S-88/L Order accordingly.