1990 P Cr (PLP)
ALI SHAH — Petitioner Versus THE STATE — Respondent
| Citation | 1990 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ALI SHAH — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1990 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 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: 1990 P Cr (PLP) (ALI SHAH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Tayyib Wattoo for Petitioner.
Headnotes / Summary
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10(3), 11 & 16
Complainant did not give her consent to Nikah and she was subjected to rape by accused
Allegation against accused was very heinous-- Bail was refused in circumstances.
Judgment & Decree
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10(3), 11 & 16
Complainant did not give her consent to Nikah and she was subjected to rape by accused
Allegation against accused was very heinous-- Bail was refused in circumstances. M. Tayyib Wattoo for Petitioner. Baber Basit for the State. The petitioner has been arrested under sections; 10(3), 11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. He has petitioned for being released on bail.
2. According to the facts stated in the F.I.R. Mist. Parveen Akhtar was going to be married to Haji son of Ghulam Fareed on 5-4-1989. On the night intervening 3/4-4-1989 when she was present in her house and the wedding cermonies were being performed, Mst. Kaneez Bibii and Mst. Nasim Bibi daughters of Ahmad Shah persuaded her to go out to ease herself and they took her to a field where wheat crop had been grown. She hardly sat to ease herself when Munawar Shah, Muhammad Akhtar son of Ahmad Shah came there. Ali Shah had a pistol in his hand, who intimedated the complainant and took her to his drawing room, where Amanat Dispenser and B:ashir Ahmad were also present. She was coerced to thumb-mark plain papers 4and was then taken to an unknown place by a wagon where she was lodged for three days and Ali Shah committed rape with her during these days. She was got recovered by her father's brother Sardar son of Khuda Bakhsh. According to heir she could not go to the police station as she was waiting for the return of her father and she lodged the report on 11-4-1989.
3. It has been submitted that the nikah of the complainant with the petitioner has been proved. According to the order of the learned Additional Sessions Judge, two nikahnamas were produced before the police, one dated 3-4-1988 and other dated 6-4-1988. Today the learned counsel for the petitioner has disowned the nikahnama dated 3-4-1988 and has asserted that the nikahnama dated 6-4-1988 is a genuine document.
4. As regards the allegation made in the F.I.R. the complainant did not give her consent to nikah and she was subjected to rape by the petitioner. The allegation against the petitioner is very heinous. I, therefore, reject his bail petition. N.H.Q./A934/L Bail application dismissed.