1986 PLP 75 (SCMR)
ABDUL RAHMAN‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1986 PLP 75 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Shafiur Rahman, JJ |
| Parties | ABDUL RAHMAN‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1986 PLP 75 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 75 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Shafiur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 75 (SCMR) (ABDUL RAHMAN‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑Art. 203‑F(2‑B)‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10(2) & 16‑‑Petition for leave to appeal‑‑Perusal of record showing that judgment and order of Federal Shariat Court convicting accused was opposite and not requiring any interference. Leave refused.
Judgment & Decree
The learned trial Judge by his judgment, delivered on 21‑6‑1983, found the accused, Abdul Rahim (petitioner) guilty and convicted and sentenced him as follows:‑ (i) 3 years' R.I. plus whipping numbering five stripes and a fine of Rs.1,000 or in default further 6 months' R.I., under section 16 of the Ordinance, 1979; (ii) 5 years' R.I. plus whipping numbering thirty stripes and a fine of Rs.2,000 on in result further one year's R.I., under section 10(2) of the Ordinance, 1979; and (iii) 2 years' R.I. and a fine of Rs.500 or in default further 3 months' R.I. under section 466, P.P.C. The substantive sentences were ordered to run concurrently and the benefit of section 382‑B of Cr. P.C., was also given to the petitioner. The learned trial Judge, however, found the other two co‑accused, Fateh Muhammad and Mst. Bhag Bhari, to be innocent and acquitted them of the charges framed against them while giving them the benefit of doubt. On appeal filed by the convict‑petitioner, Abdul Rahim, a learned Single Judge (Mr. Justice B.G.N. Kazi) of the Federal Shariat Court (at Islamabad), vide judgment, dated 14‑2‑1984, maintained his convictions and sentences under sections 16 and 10(2) of the Ordinance, 1979, but acquitted him of the charge under section 466, P.P.C directed that the said acquittal of the petitioner shall not affect further order of the trial Court that the rigorous imprisonments under sections 16 and 10(2) of the Ordinance, 1979, shall run concurrently and that the benefit of section 382‑B of Cr.P.C., shall be given to him. The petitioner still not feeling satisfied with this judgment has, now moved this Court by this petition for leave to appeal through the Jail authorities. I have gone through the record and am satisfied that the judgment and order of the learned Judge of the Federal Shariat Court is quite opposite and does not require any interference. I would dismiss this petition. SHAFIUR RAHMAN, J.‑‑I agree. The petition is dismissed. M . Y . H . Leave refused.