| Citation(s) |
|---|
| 2015 SLG 766 2015 SLD 766 2015 YLR 1096 |
Federal Shariat Court
Criminal Appeals Nos. 41/Q and 23/Q of 2007, decided on 3rd February, 2015. DATE of hearing: 28th January, 2015
ALLAMA DR. FIDA MUHAMMAD KHAN, ACTG. C.J. AND RIAZ AHMAD KHAN, J
Tahir Iqbal Khattak, Additional Prosecutor General for Appellant (in Criminal Appeal No. 41/Q of 2007). Nemo for Appellant (in Criminal Appeal No. 23/Q of 2007). Raja Muhammad Afsar for
Respondent (in Criminal Appeal No. 41/Q of 2007 and Criminal Appeal N
Criminal Appeals Nos. 41/Q and 23/Q of 2007, decided on 3rd February, 2015. DATE of hearing: 28th January, 2015
ALLAMA DR. FIDA MUHAMMAD KHAN, ACTG. C.J. AND RIAZ AHMAD KHAN, J
Tahir Iqbal Khattak, Additional Prosecutor General for Appellant (in Criminal Appeal No. 41/Q of 2007). Nemo for Appellant (in Criminal Appeal No. 23/Q of 2007). Raja Muhammad Afsar for
Respondent (in Criminal Appeal No. 41/Q of 2007 and Criminal Appeal N
The STATE
VS
KHADIM HUSSAIN
Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979
Section: 10,16
Law: Qanun-e-Shahadat (10 of 1984)
Section: 22
Law: Police Rules, 1934
Section: 26,32
Law: Criminal Procedure Code (V of 1898)
Section: 417(2A),154,156,157,158
(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----Ss. 10 & 16---Criminal Procedure Code (V of 1898), S.417(2-A)---Zina-bil-jabr liable to tazir, enticing or taking away or detaining with criminal intent a woman---Appeal against acquittal---Reappraisal of evidence---Investigation in the case was conducted completely in violation of law, rules and procedure---Complainant/ prosecutrix was examined by a nurse instead of the Lady Doctor---Neither Lady Doctor nor the nurse was produced before the court---Contents of medical certificate could not be verified which was of no use, and could not be taken into consideration---Oral evidence, in the case, was full of contradictions--- Complainant/prosecutrix was not consistent to her allegation regarding zina-bil-jabr---Occurrence was not witnessed by any one---Complainant had stated that she was accompanied by her two girl friends, but both the said girls were not produced before the court to verify the version of the complainant---Identification parade was conducted at the Police Station without observing all the legal formalities---Two witnesses of occurrence did not say anything about zina-bil-jabr---Except solitary statement of the complainant, nothing else was on record to corroborate her statement---Offence of zina-bil-jabr could not be said to have actually taken place---Accused, in circumstances, was rightly acquitted. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 154 & 156---Recording of FIR---Whenever a cognizable offence was reported to the Police, concerned official was bound to register a case under S.154, Cr.P.C.---Veracity of contents of the report were correct or not, was not the job of the Police to find---Police had only to collect the material regarding the commission of offence, and then place the same before the competent court of law---Even, if a false report was made by someone, the Police was bound to register a case under S.154, Cr.P.C.---Requirement of law was that the information supplied, should be about alleged commission of a cognizable offence, irrespective of the fact, whether such information was ultimately proved to be correct or not and it was…
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