| Citation(s) |
|---|
| 2004 SLG 2490 2004 SLD 2490 2004 PCRLJ 1349 |
Supreme Court (AJ&K)
Criminal Appeal No. 13 of 2003, decided on 26th March, 2004. (On appeal from the judgment of the Shariat Court, dated 12-3-2003 in Criminal Appeal No. 31 of 1999). DATE 6f hearing: 17th March, 2004
KHAWAJA MUHAMMAD SAEED AND CHAUDHARV MUHAMMAD TAJ, JJ
Ch. Lai Hussain, Advocate for Appellant. Muhammad Yunus Arvi, Advocate for
Respondent No. 1. Yaqoob Javed Batalvi, Advocate for
Respondent No. 2. Sardar Abdul Razzik Khan, Addl. A.G. for the State
Criminal Appeal No. 13 of 2003, decided on 26th March, 2004. (On appeal from the judgment of the Shariat Court, dated 12-3-2003 in Criminal Appeal No. 31 of 1999). DATE 6f hearing: 17th March, 2004
KHAWAJA MUHAMMAD SAEED AND CHAUDHARV MUHAMMAD TAJ, JJ
Ch. Lai Hussain, Advocate for Appellant. Muhammad Yunus Arvi, Advocate for
Respondent No. 1. Yaqoob Javed Batalvi, Advocate for
Respondent No. 2. Sardar Abdul Razzik Khan, Addl. A.G. for the State
MUHAMMAD AFZAL
VS
Mst. RIAZ BEGUM and 2 others
Law:
Section:
(a) Azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) Ordinance, 1985------S.18---Criminal Procedure Code (V of 1898), S.417---Appeal against acquittal---Impugned order was based on sound reasons and was neither artificial nor ridiculous---No misreading of evidence leading to miscarriage of justice was found in the case---Prosecution evidence was not consistent---Supreme Court in an appeal against acquittal would not, on principle; ordinarily interfere into, and would give due weight and consideration to the findings of the lower Court and would also avoid reappraisal of evidence---Appeal against acquittal of .accused was dismissed accordingly. Mirza Noor Hussain v. Farooq Zainan and 3 others 1993 SCMR 305 and Yar Muhammad and 3 others v. The State 1992 SCMR -96 ref. (b) Appeal against acquittal--- ----Principles---Supreme Court in an appeal against acquittal would not on principle, ordinarily interfere and shall give due weight and consideration to findings of the Court acquitting the accused and shall avoid re-appraisal of evidence. Yar Muhammad and 3 others v. The State 1992 SCMR 96. ref. JUDGMENT CHAUDHARY MUHAMMAD TAJ, J.--- This appeal calls in question the judgment and order passed by the Shariat Court of Azad Jammu and Kashmir on 12-3-2003, whereby the appeal filed against the order of the District Court, of Criminal Jurisdiction, Mirpur was dismissed. 2. The facts are that a case under section 18 of the Offence of Zina (Enforcement of Hudood) Act, 1985 was registered against the respondents which, after investigation, was challaned before the Tehsil Court of Criminal Jurisdiction, Mirpur. The trial Court after conclusion of the trial convicted the respondents and sentenced them three years and five years imprisonment and Rs.2,000 as fine respectively to each of the accused. An appeal filed on behalf of the respondents was accepted by the. District Court of Criminal Jurisdiction, Mirpur and they were acquitted of the charge. A further appeal on behalf of the complainant before the Shariat Court of Azad Jammu and Kashmir was also dismissed. Hence, this appeal. 3. Ch. Lai Hussain, the learned counsel for the appellant, contended that the…
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