| Citation(s) |
|---|
| 2007 SLG 3299 2007 SLD 3299 2007 PLJ 382 |
Supreme Court of Pakistan
Crl. A. No. 14(S) and 15(S) of 2005, decided on 15.11.2006.
JAVED IQBAL, CHAIRMAN, SARDAR MUHAMMAD RAZA KHAN, DR. RASHID AHMED, JULLUNDHARI, JJ.
Syed Zulfiqar Abbas, ASC and Mr. M. A. Zaidi, AOR for Appellants (in Cr. A. No. 14(S)/2005). Sardar Manzoor Ahmed SC and Mian Bashir Ahmed Bhatti, ASC for Appellant (in Cr. A. No. 15(S)/2005). Mr. Muhammad Masood Chishti, ASC for
Respondent No. 2. Ch.
Crl. A. No. 14(S) and 15(S) of 2005, decided on 15.11.2006.
JAVED IQBAL, CHAIRMAN, SARDAR MUHAMMAD RAZA KHAN, DR. RASHID AHMED, JULLUNDHARI, JJ.
Syed Zulfiqar Abbas, ASC and Mr. M. A. Zaidi, AOR for Appellants (in Cr. A. No. 14(S)/2005). Sardar Manzoor Ahmed SC and Mian Bashir Ahmed Bhatti, ASC for Appellant (in Cr. A. No. 15(S)/2005). Mr. Muhammad Masood Chishti, ASC for
Respondent No. 2. Ch.
IBRAR HUSSAIN and others--Appellant
VS
STATE & another--Respondents
Law:
Section:
Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979)-- ----Ss. 10(4) & 11--Constitution of Pakistan, 1973, Art. 203(F)--Conviction and sentence recorded against accused by trial Court--Appeal was dismissed--Assailed--Appreciation of evidence--Validity--Held: Person making contradictory statements cannot be held worthy of credence as laid down in PLJ 1981 SC 835--Witness making improvements and changing version as and when suited according to the situation then such type of improvement were found deliberate and dishonest--Cause serious doubt on the veracity of such witness. [P. 385] A Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979)-- ----Ss. 10(4) & 11--Appreciation of evidence--Sole testimony of victim--In rape/Hadood cases conviction can be awarded on the sole testimony of the victim subject to the condition that the statement of victim must inspire confidence. [P. 385] B Benefit of Doubt-- ----In criminal cases when two explanations are equally possible the one in favour of accused should normally be accepted--Benefit of doubt is always given to accused but in present case, the benefit of doubt was given to prosecution--Appeals were allowed. [P. 386] C 1995 SCMR 1345 and PLJ 1986 SC 497, ref. Order Ch. Ijaz Ahmed, J.--We intend to decide the captioned appeals by one consolidated judgment arising out of the common impugned judgment of the Federal Shariat Court dated 2.5.2005. 2. Appellants/petitioners sought leave to appeal against the judgment of the Federal Shariat Court wherein the appeals filed by them before the Federal Shariat Court against their conviction were dismissed qua their sentences under Section 11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979. However, their sentences under Section 10(4) of the said Ordinance were set aside. The petitions filed by the appellants/petitioners before this Court were fixed before this Court on 23.11.2005 and leave was granted. 3. Brief facts giving rise to this petition are that appellants/ petitioners were involved in a case FIR No. 299 dated 15.7.2002 registered at Police Station Qureshi under Sections 11/11 of Offence of Zina (Enforcement of Hudood)…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492