1993 P Cr (PLP)
ABDUL RASHID — Petitioner Versus THE STATE — Respondent
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ABDUL RASHID — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1993 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 P Cr (PLP)?
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: 1993 P Cr (PLP) (ABDUL RASHID — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Muhammad Tufail for Petitioner.
Headnotes / Summary
S. 498
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11
Alleged abductee who was recovered, made statement levelling allegation of Zina against accused
Abductee had not accepted factum of marriage with accused
In view of statement of alleged abductee, contention of accused had lost its significance that he had filed a suit for restitution of conjugal rights which had since been decreed
Accused was named in F.I.R. and was alleged to have committed Zina with alleged abductee who had levelled those allegations
Accused having failed to establish alleged factum of marriage with abductee, no ground of pre-arrest bail, was made out.
Judgment & Decree
S. 498
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11
Alleged abductee who was recovered, made statement levelling allegation of Zina against accused
Abductee had not accepted factum of marriage with accused
In view of statement of alleged abductee, contention of accused had lost its significance that he had filed a suit for restitution of conjugal rights which had since been decreed
Accused was named in F.I.R. and was alleged to have committed Zina with alleged abductee who had levelled those allegations
Accused having failed to establish alleged factum of marriage with abductee, no ground of pre-arrest bail, was made out. Ch. Muhammad Tufail for Petitioner. Asif Khalil for the State. The facts leading to the filing of pre-arrest bail are that a case under section 11/7/1979, Islamic Law stands registered against the petitioner with Police Station Lassar Kalan, District Narowal. Petitioner seeks pre-arrest bail with the assertion that he has married the alleged abductee Mst. Asia Bibi, therefore, no offence whatsoever is made out. It was contended by learned counsel for the petitioner that said Mst. Asia Bibi is sui juris and was competent to enter into marriage which has duly been registered and, in such circumstances, no offence whatsoever has been committed by the petitioner, therefore, he is entitled to the concession of bail.
2. I have heard the learned counsel for the petitioner as well as learned counsel for the State. The alleged abductee was recovered wherein she made a statement levelling allegations of Zina against the petitioner and others. She has not accepted the factum of marriage with the petitioner. In view of the statement of the alleged abductee the contention of the petitioner loses its significance that petitioner had filed a suit for restitution of conjugal rights which has since been decreed. Petitioner is named in the F.I.R. He is alleged to have committed Zina with the alleged abductee who has levelled these allegations. He has also not supported the factum of marriage. No ground fort pre-arrest bail is made out. Resultantly, petition fails which is dismissed. H.B.T./A-414/L Petition dismissed.