Law: Criminal Procedure Code (V of 1898)

Section: 154,200

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10,11,15

Criminal Procedure Code (V of 1898)--- ----Ss. 154 & 200---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 11 & 15---Challan case and complaint case---Stay of proceedings in challan case---Sister of wife of petitioner lodged F.I.R. against petitioner that he abducted her and had committed Zina with her, but at trial said complainant had resiled from her earlier statement made in F.I.R. and instead stated that petitioner, after divorcing her real sister, had contracted marriage with her and that she was neither abducted nor she was subjected to Zina by petitioner---Wife of petitioner had filed private complaint alleging that she was in wedlock with petitioner and while her marriage was still subsisting, petitioner had contracted second marriage with her real sister who was complainant in earlier challan case and that since said marriage was void both petitioner and her sister were guilty of offence of Zina---Though altogether two different versions had been introduced in the two cases, but allegation contained in earlier challan case as well as in subsequently filed complaint case, in pith and substance, was one and the same i.e. commission of Zina by petitioner with sister of his wife---Once challan case as well as complaint case with regard to same occurrence or arising out of same transaction were constituted, then in order to avoid double jeopardy and conflicting s, it would be highly appropriate to see that both cases were tried by same Court in the manner that prejudice was not caused to any of the parties---Where prosecution versions in police challan case and complaint case were considerably different and case set up in complaint case was at variance with that of police challan case, it would be appropriate to stay proceedings in challan case and proceed with complaint case at first---Trial Court on application of wife of petitioner who had filed complaint case, had rightly stayed proceedings in earlier challan case because otherwise there was likelihood that either of the parties would have been prejudiced---Revision petition against order of TrialCourt which was proper one, was dismissed, in circumstances. Karim Bakhsh…

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