1994 PLP 1302 (MLD)
Mst. BARKAT BIBI — Petitioner Versus THE STATE — Respondent
| Citation | 1994 PLP 1302 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. BARKAT BIBI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1994 PLP 1302 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1302 (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: 1994 PLP 1302 (MLD) (Mst. BARKAT BIBI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Lai Khan Baluch for Petitioner.
Headnotes / Summary
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11
Accused herself being the victim of abduction, offence under S.11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 in her case called for further inquiry
Nikahnama had been found to be genuine by the Police and her case, therefore, was one of further inquiry
Accused being a woman her case was also covered under the first proviso to S. 497(1), Cr.P.C.
Judgment & Decree
The petitioner is accused of offences under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide F.I.R. No.284, dated 12-7-1993, registered at Police Station Nishatabad, Faisalabad.
2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. Admittedly, the petitioner herself is the alleged victim of abduction and as such the offences under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, in her case calls for further inquiry. Furthermore, Nikahnama, dated 17-6-1993 registered with Abdul Ghani Nikah Registrar of Union Council, Kamoke, has been found to be genuine by the police. Therefore, the case of the petitioner is one of further inquiry. In addition thereto, as the petitioner is a woman, her case is covered under the first proviso to subsection (1) of section 497, Cr.P.C. It wad further confirmed on behalf of the State that the petitioner is neither a previous convict nor a hardened criminal. Therefore- the petitioner is hereby allowed bail in the sum of Rs.30,000 with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Faisalabad. N.H.Q./B-116/L Bail allowed.