2000 P Cr (PLP)
MUHAMMAD ASHRAF -Appellant Versus MUHAMMAD IRSHAD and another — Respondents
| Citation | 2000 P Cr (PLP) |
| Forum / Court | Federal Shariat Court |
| Bench Members | N/A |
| Parties | MUHAMMAD ASHRAF -Appellant Versus MUHAMMAD IRSHAD and another — Respondents |
| Primary Law | Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) |
Q1: What are the key laws and sections cited in 2000 P Cr (PLP)?
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 2000 P Cr (PLP)?
The case was heard and decided by the Federal Shariat Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 P Cr (PLP) (MUHAMMAD ASHRAF -Appellant Versus MUHAMMAD IRSHAD and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 10
Criminal Procedure Code (V of 1898), S.417
Prosecution witnesses named as eye-witnesses of occurrence having been given up; were not produced before Trial Court, on which Trial Court had rightly presumed that either said witnesses had not seen the occurrence or no occurrence had taken place
Trial Court disbelieved complainant observing that complainant could not hear-alarm of victim while he was in his house at a distance of two acres from the place of occurrence
Trial Court discarded testimony 'of alleged victim girl on two grounds, firstly that her statement that she had suffered an injury on mouth during occurrence was contradictory to her statement made by her before police during investigation, secondly that she being unmarried girl should have been "virgin" but lady doctor who had medically examined her, had not found her to be virgin
Lady doctor also did not find any fresh tears on vagina of victim and her Shalwar was also not proved to be stained with semen
Accused, according to complainant, had fired 2/3 shots, but neither police had found empties lying at the, spot nor complainant had produced those empties before police during investigation-- Complainant/appellant having failed to show that findings of Trial Court were incorrect or contradictory to the facts on record, appeal against order of acquittal passed : by Trial Court, was dismissed, in circumstances.
Judgment & Decree
SARDAR MUHAMMAD DOGAR, J.
This appeal is directed against judgment, dated 6-12-1999, by Sessions Judge, Hafizabad, whereby learned Sessions Judge had acquitted the respondent.
2. Occurrence in this case, allegedly, had taken place on 9-1-1998. The F.I.R. was lodged on the same day by Muhammad Ashraf, P.W.2, real brother of Mst. Bushra Bibi (victim). Muhammad Hanif and Nasir Ali were named as eye-witnesses of the occurrence. They were given up and not produced before the trial Court. Learned trial Judge vide reasons given in para. No. 9 of the judgment concluded that the only safe presumption that can be drawn about those witnesses can be that they had either not seen the occurrence or no occurrence had taken place.
3. Muhammad Ashraf, complainant, who had appeared as P.W.2, was disbelieved by the learned trial Judge, observing that he had admitted during. cross-examination that he had reached the spot after hearing alarm raised by Mst. Bushra Bibi, from her house, which was at a distance of 2 acres from his house. Learned trial Judge concluded that alarm raised by Mst. Bushra Bibi could not have been heard by Muhammad Ashraf, P.W.2, while being in his house at a distance of 2 acres. In that regard, learned trial Judge also noted that Naik Muhammad Gujjar and Qaim Din whose houses were adjacent to the house wherefrom Mst. Bushra Bibi had raised alarm, had also not heard the alarm raised.
4. Learned trial Judge discarded the testimony of Mst. Bushra Bibi on two grounds. Firstly, learned trial Judge observed that the statement made by her that she had suffered an injury on the mouth during the occurrence was contradictory to the statement, Exh.D.A. made by her before the police; during investigation and secondly for the. reason that Mst. Bushra Bibi who was unmarried girl should have been a virgin but the lady doctor who had medically examined her, had not found her virgin. She had, also-not found any fresh tears on the vagina. Her Shalwar was also not proved to be stained with semen.
5. Another important fact, observed and noted by the learned trial Judge, which finds mention in para. No.10 of the judgment, is, that according to the complainant, accused had fired 2/3 shots but neither police had found the empties lying there nor the complainant had produced terse empties before the police, during investigation.
6. Learned counsel for the appellant on being pointed out all those observations and findings of the trial Judge, on being given opportunity after going through the record and judgment, failed to show as to how those findings were incorrect, were contradictory to the facts on record. After having gone through the evidence, perusing the judgment and hearing the learned counsel, we are convinced that there is no merit in this appeal, the same is, therefore, dismissed in limine. H.B.T./10/FST Appeal dismissed.