2005 PLP 3140 (YLR)
SHAHBAZ MASIH — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 3140 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ali Nawaz, Chowhan, J |
| Parties | SHAHBAZ MASIH — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 3140 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 3140 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ali Nawaz, Chowhan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 3140 (YLR) (SHAHBAZ MASIH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pervaiz Aslam Chaudhry for Petitioner.
- Date of hearing: 26th April, 2005.
Headnotes / Summary
S.497(2)
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10
Accused was Christian and it was yet to be seen whether provisions of S.10 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 would be applicable to him
Neither four eye-witnesses were found at the site to bring offence under provisions of S.10 of Offence of Zina (Enforcement of Hudood) Ordnance, 1979 nor any D.N.A. test had been conducted in lieu thereof except the statement of alleged victim who had been found to be pregnant by her parents
How far alleged victim's statement could be believed, would be a question of judicial scrutiny
Alleged victim being a married woman, without D.N.A. test it could not be stated with certainty as to who committed the offence
Already there was delay of four months in lodging of F.I.R.
All such circumstances had constituted a case of further inquiry
Alleged victim having not complained for four months against accused, she appeared to be a consenting party
Case against accused being of further inquiry, he was admitted to bail. Ch. Riaz for the State.
Judgment & Decree
ALI NAWAZ CHOWHAN, J.
The matter pertains to case F.I.R. No.611 of 2004, dated 25-11-2004, registered under section 10, Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station, Naushehran Virkan, Gujranwala.
2. The following excerpt is taken from the F.I.R. which speaks of offence by stating:--
3. According to the learned counsel for the petitioner, the petitioner was Christian and it is yet to be seen whether the provisions of section 10 will be applicable to him. That there were no four eye-witnesses at the site to bring the offence under the provisions of section 10 and neither any D.N.A. test has been conducted in lieu thereof and there is a statement of lady, who has been found to be pregnant by her parents to this effect. How far we can believe her statement, will again be a question for judicial scrutiny. That even otherwise she was a married woman and without D.N.A. test it could not be stated with certainly as to who committed the offence. There is already a delay of four months in lodging of F.I.R. and all these circumstances constitute a case of further inquiry as far as the petitioner is concerned. It is further stated that anyhow this was not a case of because the girl never complained of the act in the past and appears to be a consenting party, if at all the offence has been committed. When questioned, Rasheed Hamik, S.-I., who brought the record, stated that there was no direct eye-witness of the occurrence.
4. This Court agrees with what has been contended by the learned counsel for the petitioner. This is a case of further inquiry. Therefore, this Court allows bail to the petitioner provided he furnishes bail bond in the sum of Rs.25,000 (Rupees twenty-five thousand) with one surety in the like amount to the satisfaction of the trial Court. H.B.T./S-421/L Bail granted.