Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 5,6(2),7,6

Law: Criminal Procedure Code (V of 1898)

Section: 203B

Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----Ss. 5, 6(2) [as amended by Protection of Women (Criminal Laws Amendment) Act (VI of 2006)] & S. 7---Criminal Procedure Code (V of 1898), S.203-B---Offence of Qazf---Registration of case---Accused, who was charged for commission of zina with maid servant of complainant, was proceeded against and was acquitted by the Trial Court---Application filed by acquitted accused for trying the complainant party for offence of qazf, having been dismissed by the Trial Court, accused filed revision petition before Federal Shariat Court---Application of acquitted accused was dismissed on the ground that in view of latest amendment in S.6 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, cognizance of offence of qazf, could only be taken by the Trial Court itself, when it acquitted accused, and would proceed to pass sentence there and then---Validity---Amendment in the Ordinance had no nexus at all with the taking and manner of cognizance---Section 203-B, Cr.P.C. was the only section that dealt with the matter and manner of cognizance in a qazf case, whereas amended S.6 of the Ordinance, dealt with proof of qazf liable to hadd---Court was empowered to pass sentence there and then, however, if would fail to do so, it would be act of the court, whereby the right of anybody affected, could not be curtailed--- Cognizance of case of qazf, would be taken only on a complaint lodged in a court of competent jurisdiction; unless, the court itself had taken cognizance under amended S.6 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979---Filing of application by acquitted accused under S.203-B, Cr.P.C., was in order, and the Trial Court was not justified to dismiss the same, by mixing up "the matter and manner of cognizance", with the "proof or otherwise of an offence"---Impugned order was set aside, with direction to the Trial Court to proceed under S.203-B, Cr.P.C. JUDGMENT SARDAR MUHAMMAD RAZA, C.J.---Muhammad Amer Iqbal has filed this revision petition against the order dated 29-9-2009 of the learned Additional Sessions Judge, Faisalabad who, on the application of the petitioner declined to take…

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