1990 PLP 329 (SCMR)
SHAHADAT alias SHADDA‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1990 PLP 329 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Javid Iqbal, Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | SHAHADAT alias SHADDA‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 329 (SCMR)?
This judgment primarily cites: Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 329 (SCMR)?
The case was heard and decided by the High Court bench comprising: Javid Iqbal, Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 329 (SCMR) (SHAHADAT alias SHADDA‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafarullah Cheema, Advocate Supreme Court instructed by Syed Ali Imam Naqvi, Advocate‑on‑Record for Petitioner.
- Date of hearing: 19th April, 1989.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Lahore dated 24th May, 1988 in Cr A. No. 1286 of 1979). ‑‑‑S. 10‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Victim was 15 years of age and medical evidence was to the effect that she had been raped‑‑‑Version of victim was supported by her mother and other prosecution witnesses‑‑‑High Court had already taken a lenient view by reducing the sentence of accused from five years to three years which in fact was uncalled for in circumstances of the case‑‑‑No case, held, was made out for grant of leave to appeal‑‑‑Petition dismissed. Nemo for the State.
Judgment & Decree
‑‑‑S. 10‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Victim was 15 years of age and medical evidence was to the effect that she had been raped‑‑‑Version of victim was supported by her mother and other prosecution witnesses‑‑‑High Court had already taken a lenient view by reducing the sentence of accused from five years to three years which in fact was uncalled for in circumstances of the case‑‑‑No case, held, was made out for grant of leave to appeal‑‑‑Petition dismissed. Zafarullah Cheema, Advocate Supreme Court instructed by Syed Ali Imam Naqvi, Advocate‑on‑Record for Petitioner. Nemo for the State. Date of hearing: 19th April, 1989. JAVID IQBAL, J.‑‑This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore dated 24 May, 1988 whereby conviction under section 10 of Offence of Zina (Enforcement of Hudood) Ordinance 1979 of the petitioner was maintained but his sentence was reduced from rive years to three years' R.I. and the sentence of 30 stripes was set aside. The petitioner was originally convicted under the aforesaid section by the trial Court and sentenced to five years' R.I. plus 30 stripes, but on appeal the High Court maintaining the conviction altered the sentence as stated above. The victim in the instant case is Mst. Rani aged 15 years and the medical evidence is to the effect that she had been raped. Her version is being supported by her mother Mst. Janatey, Abbas and Muhammad Aslam. The learned High Court has already taken a lenient view in the matter which was in fact uncalled for in the circumstances of the case. After going through the record and hearing the learned counsel no case is made out for the grant of leave. The petition is therefore dismissed. I M.A.K./S‑430/ Petition dismissed.