2007 PLP 219 (SCMR)
MUHAMMAD BASHIR and another — Petitioners Versus THE STATE — Respondent
| Citation | 2007 PLP 219 (SCMR) |
| Forum / Court | Shariat Appellate Jurisdiction |
| Bench Members | Justice Javed Iqbal, Chairman, Justices Muhammad Nawaz Abbasi, Raja Fayyaz Ahmed, Dr. Allama Khalid Mehmood and Dr. Rashid Ahmed Jullundhari, Members |
| Parties | MUHAMMAD BASHIR and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 PLP 219 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 219 (SCMR)?
The case was heard and decided by the Shariat Appellate Jurisdiction bench comprising: Justice Javed Iqbal, Chairman, Justices Muhammad Nawaz Abbasi, Raja Fayyaz Ahmed, Dr. Allama Khalid Mehmood and Dr. Rashid Ahmed Jullundhari, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 219 (SCMR) (MUHAMMAD BASHIR and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Zaman Bhatti, Advocate Supreme Court for Petitioners.
- Nemo for Respondent.
- Date of hearing: 28th December, 2005.
- 3. The prosecution is fully successful in proving of her case and the learned Additional Sessions Judge, Faisalabad sentenced Muhammad Bashir accused under section 302(b) to death and twenty thousand rupees to the legal heirs of the deceased Mst. Allah Rakhi as compensation. The learned Sessions Judge sentenced Muhammad Latif, the accused to 25 years' R.I. under section 302(c). He is also convicted to 25 years' R.I. under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and to pay the victim a compensation of fifteen thousand rupees. The accused then appealed in the honourable Federal Shariat Court and a Full Bench heard and examined the case. The learned Court found no point of any interference in the judgment of the trial Court and they upheld and maintained the sentences awarded to the two appellants. Murder reference is answered in affirmative. The petitioners then filed a jail petition in this Court through Superintendent Central Jail, Faisalabad. Mr. M. Zaman Bhatti, Advocate Supreme Court appeared for the petitioners and none appeared on behalf of the State.
Headnotes / Summary
(On appeal from the judgment, dated 19-2-2004 passed by the Federal Shariat Court in Jail Criminal Appeal No.84-I of 2001).
Art. 203-F
Penal Code (XLV of 1860), S.302(b)(c)
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)- - Trial Court convicted and sentenced petitioner and Federal Shariat Court upheld judgment of the Trial Court
In absence of any point for interference in the judgment of Federal Shariat Court, petition for leave to appeal was dismissed and sentences awarded to accused, were upheld and maintained.
Judgment & Decree
DR. ALLAMA KHALID MEHMOOD (MEMBER).
This jail petition is directed against the judgment, dated 19-2-2004, passed by the Federal Shariat Court, whereby the learned Federal Shariat Court upheld the judgment of the trial Court, dated 30-11-1995, passed by the learned Additional Sessions Judge, Faisalabad against the accused Muhammad Bashir under section 302(b), P.P.C. and under section 544-A, Cr.P.C. and the accused Muhammad Latif under section 302(c), P.P.C. and under section 544-A, Cr.P.C. Muhammad Latif is also convicted under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The case of the prosecution is that Mst. Ishrat along with her maternal grandmother Allah Rakhi was going to visit her elder sister in Ghakhar Mandi. The two accused abducted them and they took them to Chak Jhumra with the intention to rape Mst. Ishrat. When Muhammad Latif made sexual assault to forcibly commit Zina with her, the grandmother of Ishrat intervened and Muhammad Bashir murdered her and then he committed Zina-bil-Jabr with Mst. Ishrat.
3. The prosecution is fully successful in proving of her case and the learned Additional Sessions Judge, Faisalabad sentenced Muhammad Bashir accused under section 302(b) to death and twenty thousand rupees to the legal heirs of the deceased Mst. Allah Rakhi as compensation. The learned Sessions Judge sentenced Muhammad Latif, the accused to 25 years' R.I. under section 302(c). He is also convicted to 25 years' R.I. under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and to pay the victim a compensation of fifteen thousand rupees. The accused then appealed in the honourable Federal Shariat Court and a Full Bench heard and examined the case. The learned Court found no point of any interference in the judgment of the trial Court and they upheld and maintained the sentences awarded to the two appellants. Murder reference is answered in affirmative. The petitioners then filed a jail petition in this Court through Superintendent Central Jail, Faisalabad. Mr. M. Zaman Bhatti, Advocate Supreme Court appeared for the petitioners and none appeared on behalf of the State.
4. We have perused the entire evidence with eminent assistance of the counsel and we find no point allowing any interference in the judgment of the learned Federal Shariat Court. Hence this jail petition is dismissed and the sentences awarded to the two accused are upheld and maintained. H.B.T./M-60/SC????????????????????????????????????????????????????????????????????????????????? Petition dismissed.