1988 PLP r (PCRLJ)
GUL ZAMAN and another — Appellants Versus THE STATE — Respondent
| Citation | 1988 PLP r (PCRLJ) |
| Forum / Court | Federal Shariat Court |
| Bench Members | Gul Muhammad Khan, C.J. and Abdul Rehman Khan Kaif, J |
| Parties | GUL ZAMAN and another — Appellants Versus THE STATE — Respondent |
| Primary Law | Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979) |
Q1: What are the key laws and sections cited in 1988 PLP r (PCRLJ)?
This judgment primarily cites: Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP r (PCRLJ)?
The case was heard and decided by the Federal Shariat Court bench comprising: Gul Muhammad Khan, C.J. and Abdul Rehman Khan Kaif, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP r (PCRLJ) (GUL ZAMAN and another — Appellants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Mehmood Lodi for Appellants.
- Date of hearing: 26th June, 1986.
Headnotes / Summary
S. 14--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10(2) & 16--Evidence, appreciation of--Abductee recovered from house of witness-- Abductee medically examined on same day- Vaginal swabs not found stained with semen--No direct evidence of abduction or zina--Allegation of zina levelled by husband against his wife without any evidence whatsoever--Case, held, would fall under S.14 of Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--Conviction and sentence under Ss. 10 (2) & 16 of Ordinance (VII of 1979), set aside and case remanded to follow procedure laid down in S. 14 of Ordinance (VIII of 1979), in circumstances. Syed Ibne Ali, A.A.-G. for the State.
Judgment & Decree
GUL MUHAMMAD KHAN, C.J. --The two appellants have been convicted and sentenced by the learned Additional Sessions Judge, Nowshera, vide his order, dated the 15th of February , 1986 as under:- Gul Zaman and 10 years' R. I. with whipping Mst. Riaz Begum numbering 30 stripes and a fine of Under section 10(2) Rs.5,000 each. In default of payment of fine, they were to suffer 6 months' R.I., further. Gul Zaman 3 years' R.I., with whipping Under section 16 numbering 5 stripes and a fine of Rs.2,
000. In default of payment of fine he was to suffer 3 months' R.I. further. The two sentences of Gul Zaman were ordered to run concurrently. Both the appellants have challenged their conviction and sentences through the present appeal.
2. The occurrence took place on the 12th of January, 1984, in village Zando Banda, Police Station, Risalpur. Maulvi Muhammad Faheem, P.W.2, the husband of Mst. Riaz Begum reported to Mirza Khan, S.I./S.H.O., P.W.3 that his wife, who had taken his leave to go to see her ailing aunt, did not come back. He also searched for her and later came to suspect from the absence of the appellant No.l that he abducted her for the purpose of committing zina.
3. Mst. Riaz Begum was recovered by the Police on the 1st of January, 1984 from the house of Imamuddin, P.W.5 and was medically examined on the same day by lady doctor Yasmeen, P.W. She had' also taken vaginal swabs but the result was negative. The medico-legal report EXh.P.E./1 was proved by Dr. Iftikhar Ali Khiljee, P.W.10.
4. The prosecution produced 10 witnesses in support of its case but none of them gave direct evidence about the abduction or the allegation of zina, The case, therefore, rested purely on the statement of the husband Maulvi Muhammad Faheem, P.W.2. The relevant portion of his statement is as under:- "It is correct that I have not suspected my wife for having illicit relations with some one. I had not suspected accused Gul Zaman for illicit relations with my wife, however, the people used to talk regarding their illicit relations and after the present occurrence I gathered that it was true."
5. The facts given above, do go to show that in this case they husband has levelled charges of zina against his wife, but there is no direct evidence about it. Both the learned counsel have, therefore, agreed that the case fell under Section 14 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979. The trial Court, was therefore, bound to have followed the procedure as laid down in section 14 of the said Ordinance. Consequently, we allow this appeal, set aside the conviction which is not based on any evidence whatever and send the case back to the trial Court with the direction that he shall follow the procedure as laid down in section 14 referred to above between the husband Maulvi Muhammad Faheem, P.W.2 and his wife Mst. Riaz Begum. The two appellants are however, acquitted of the charges already levelled against them and they shall be released forthwith. Mst. Riaz Begum shall however, furnish bail bonds in the sum of Rs.10,000 with two sureties in the like amount to the Jail Superintendent to appear before the trial Court. S.A./412/F.Sh. Appeal accepted.