1994 P Cr (PLP)
Mst. SAKINA BIBI — Appellant Versus THE STATE — Respondent
| Citation | 1994 P Cr (PLP) |
| Forum / Court | Federal Shariat Court |
| Bench Members | N/A |
| Parties | Mst. SAKINA BIBI — Appellant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1994 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 P Cr (PLP)?
The case was heard and decided by the Federal Shariat Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 P Cr (PLP) (Mst. SAKINA BIBI — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S. 10
No evidence was available on record to prove the allegation that the lady accused used to commit Zina with her acquitted co-accused
Fact that the accused had given birth to a child could not prove such allegation as she was a married woman
Evidence disbelieved by Trial Court qua the male co-accused could not be used against the accused for committing Zina with him
Accused was acquitted in circumstances.
Judgment & Decree
NAZIR AHMAD BHATTI, J-- Mst. Sakina Bibi appellant had herself recorded F.I.R. No.233 in Police Station Ghakhar on 30-12-1987 wherein she had charged her co-accused Rehmat Ali for subjecting her to Zina-bil-Jabr as a result of which she had become pregnant and gave birth to a son.
2. After investigation Rehmat Ali and the appellant were sent up for trial before the Sessions Judge, Gujranwala who charged both of them under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, to which they pleaded not guilty. After the conclusion of the trial the learned Sessions Judge acquitted co-accused Rehmat Ali while convicted the appellant Mst. Sakina Bibi and sentenced her to undergo rigorous imprisonment for 5 years, to pay a fine of Rs.2,000 or in default to further undergo rigorous imprisonment for 6 months and to suffer 20 stripes. Mst. Sakina Bibi has challenges her conviction and sentence by the appeal in hand.
3. Except the F.I.R. there is no other evidence against the appellant to prove the allegation 'that she used to commit Zina with her acquitted co accused Rehmat Ali. The mere fact that she gave birth to a child would not show that she was committing Zina, especially when,it was proved that she was a married woman.
4. The learned Sessions Judge acquitted the male accused by not believing the evidence produced during the trial. The same evidence could not be used against the appellant for committing Zina with him. In her statement recorded under section 342, Cr.P.C. the appellant had denied the making of the F.I.R. as also the allegation that she had committed Zina with her co- accused. As such there was not an iota of evidence on the record; to sustain the conviction of the appellant. Consequently the appeal is accepted. The conviction and sentence of the appellant are set aside and she is acquitted of the offence for which she was convicted and sentenced. She is on bail. Her bail bonds are discharged. N.H.Q./865/FSC Appeal accepted.