1998 PLP 1213 (MLD)
MUHAMMAD NAWAZ and another — Petitioners Versus THE STATE — Respondent
| Citation | 1998 PLP 1213 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD NAWAZ and another — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1998 PLP 1213 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1213 (MLD)?
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: 1998 PLP 1213 (MLD) (MUHAMMAD NAWAZ and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Zumurrad Hussain for Petitioners.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S. 382/34
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10
Both victim and prosecution witness had tendered affidavits in which they exonerated accused person by stating that they had not committed offence with victim as alleged against them
Investigating Officer who identified victim and witness in Court had stated that statement made by victim and witnesses were true and voluntary and that justice should be done to accused persons as they were not the actual offenders
Case being of further enquiry, accused persons were admitted to bail.
Judgment & Decree
Ch. Zumurrad Hussain for Petitioners. Qazi Ahmad Naeem Qureshi for the State. A case under section 382/34, P.P.C. read with section 10, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered against the petitioners and others as they maltreated the victim Mst. Rubina Begum and deprived as her of some cash before committing Zina with her. Mst. Rukhsana Begum P.W. was also present at that time, but was not subjected to sexual intercourse as she was ill on that date.
2. The petitioners applied for bail in the Court below, which was rejected vide the impugned order.
3. Today during the arguments, the victim Mst. Robina Begum has appeared in person and tendered affidavit mark 'A', whereby she exonerated Muhammad Nawaz Petitioner by stating that he was not the person who had committed Zina with her. Although the affidavit does not mention that the other petitioner namely Hasan Abbas has not been exonerated but the victim Mst. Robina Begum has exonerated him by stating that he was also not her accused as he did not commit any offence with her. In support of the above statement of Mst. Robina Begum two affidavits mark 'B' & mark 'C' have been produced by Mst. Rukhsana Begum in which she has deposed that both the petitioners namely Muhammad Nawaz and Hasan Abbas were not the persons who had committed any offence with Mst. Robina Begum aforesaid. According to Mst. Rukhsana Begum, who is also present in Court both the petitioners are innocent.
4. In view of the above situation, victim Mst. Robina Begum and P.W. Mst. Rukhsana Begum have exonerated both the accused to have committed offence alleged against them. The Investigating Officer has also identified Mst. Robina Begum and Mst. Rukhsana Begum in Court. They were asked by me whether their statements were voluntary or under some duress. They stated that their statements were true and voluntary and that justice be done to the petitioners as they were not the actual offenders.
5. In view of the foregoing facts, it has become a case of further inquiry. Accordingly allowing this petition, the petitioners are admitted to bail in the sum of Rs. 20,000 each with one surety each in the like amount to the satisfaction of learned Trial Court. H.B.T./.535/L ???????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.