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

Section: 3,6,7

Law: Criminal Procedure Code (V of 1898)

Section: 403,410,417

Law: Constitution of Pakistan, 1973

Section: 13

(a) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----Ss.3, 6 & 7---Criminal Procedure Code (V of 1898), S. 403---Constitution of Pakistan, Art. 13---Qazf---Appeal against acquittal---Double jeopardy, principle of---Applicability---Complainant was ex-husband of accused lady against whom he had filed complaint alleging offence of Qazf---Trial Court dismissed the complaint and acquitted accused of the charge---Validity---To prove offence of Qazf, prosecution was to indicate that such imputation was made with intention to harm person or his reputation by imputing such accusation of Zina---Complainant failed to bring on record any intention to harm his person or reputation or circumstances indicating such intention by imputing false accusation of Zina, during trial for the offence of Zina by filing a civil suit---In absence of such evidence indicating such intention to harm the person and reputation of complainant, the offence of Qazf as mentioned in S.3 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, was not made out---Double jeopardy as enunciated under Art.13 of the Constitution read with S.403, Cr.P.C. which had provided protection against double prosecution or trial of same offence which was involved in the offence with which accused was previously charged had attracted---Accused was acquitted by Court of competent jurisdiction and such finding attained finality---Trial of accused on the same charge again by Court was not permissible---Federal Shariat Court declined to interfere in the passed by Trial Court---Petition for special leave to appeal was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 410 & 417---Appeal against for 'conviction' and 'acquittal'---Distinction---Scope to make interference in of acquittal has parameter and yardstick quite different than the of conviction---Judgment of acquittal cannot be disturbed even though second opinion can be reasonably possible---Appeal against acquittal is considerably limited as accused earns double presumption of innocence with his acquittal. Ghulam Hussain v. The State PLD 1994 SC 31; Qurban Hussain alias Ashiq v. State 2010 SCMR 1592;…

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