| Citation(s) |
|---|
| 2010 SLG 1024 2010 SLD 1024 2010 PLJ 245 |
Federal Shariat Court
Crl. A. No. 49/L of 2003 & Crl. Rev. No. 12/L of 2003, decided on 08.10.2009. Hearing Date : 30.09.2009.
MUHAMMAD ZAFAR YASIN, JUSTICE, SYED AFZAL HAIDER, JUSTICE
Mian Javed Bashir, Advocate for Appellant (in Crl. A. No. 49-L/2003). Mian Muhammad Athar, Advocate for Complainant. Mian Muhammad Athar, Advocate for Petitioner (in Crl. Rev. No. 12-L/2003). Ch. Abdul Razzaq, DPG for State.
Crl. A. No. 49/L of 2003 & Crl. Rev. No. 12/L of 2003, decided on 08.10.2009. Hearing Date : 30.09.2009.
MUHAMMAD ZAFAR YASIN, JUSTICE, SYED AFZAL HAIDER, JUSTICE
Mian Javed Bashir, Advocate for Appellant (in Crl. A. No. 49-L/2003). Mian Muhammad Athar, Advocate for Complainant. Mian Muhammad Athar, Advocate for Petitioner (in Crl. Rev. No. 12-L/2003). Ch. Abdul Razzaq, DPG for State.
MUHAMMAD ARIF AND ANOTHER
VS
STATE
Law:
Section:
Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 457--Offence of Zina (Enforcement of Hudood) Ordinance, (VII of 1979), S. 10(2)--Appellant was convicted & sentenced for four years R.I. u/S. 457 PPC and 8 years R.I. u/S. 10(2) of Offence of Zina (Enforcement of Hudood) Ord. 1979--Appeal against--Complainant filed revision for enhancement of sentence--Occurrence took place in the house of deceased girl who was murdered by her father after seeing her in objectionable position with appellant--Appreciation of evidence--Held: Appellant and deceased had an affair, the entry of the appellant at that hour of night was facilitated by deceased herself--There was no doubt about identification because the appellant was not unknown and the electric bulb was shedding light--The father, with a peculiar social background could not digest what he had seen with his own eyes--He intended to kill both but the appellant managed to escape--Direct evidence of the father and mother, whose presence in the house has not been doubted, was sufficient to bring home charge of Zina--Crime report was lodged without any meaningful delay--Accused was duly nominated not for murder but for Zina alone on the basis of evidence of parents of deceased--PW/father of deceased stated very honestly that he intended to kill both of them--There was nothing to doubt his version and he has no reason to falsely involve the appellant--Deceased had invited her paramour during the night and the entry door must have been opened by her--Since no witness had seen the accused enter the house from a particular point so no evidence could have been led on that point nor was it all necessary--Conviction and sentence set aside--In view of negative report of chemical examiner and lack of medical corroboration of the allegation of commission of Zina, the conviction of the appellant recorded u/S. 10(2) read with S. 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was reduced--Revision for enhancement dismissed--Appeal Partly Allowed. THIS JUDGMENT DELIVERED BY: SYED AFZAL HAIDER, J.- Appellant Muhammad Arif through Criminal Appeal No. 49/L/2003 has challenged the judgment dated 09.01.2003 delivered by…
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