Law: Penal Code (XLV of 1860)

Section: 302(C),201

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

Section: 10(3)

Law: Criminal Procedure Code (V of 1898)

Section: 367(5)

Penal Code (XLV of 1860)--- ----Ss. 302(c) 201---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(3)---Criminal Procedure Code (V of 1898), S. 367(5)---Qatl-i-amd, causing disappearance of evidence of offence, zina-bil-jabr---Appreciation of evidence---Sentence, quantum of---Scope---Accused was charged for committing the murder of daughter of complainant and then putting her on fire---Record showed that the Trial Court opted for cl. (c) of S.302, P.P.C., without dilating how S.302(c) was attracted---Trial Court mechanically and without bearing in mind the circumstances that justified the applicability of S.302(c) concluded that the accused was guilty under S.302(c), P.P.C.---Legally, none of the conditions that were sine qua non for applicability and attraction of cl. (c) of S.302, P.P.C. were available in the case---Federal Shariat Court observed that proposing sentence was not the idiosyncrasy or sweet will of the judge---In case of multiple choices provided for an offence qua the quantum of sentence, to award sentence whatever was pleased to him rather, on finding the accused guilty of the offence, the court was required to weigh, assess, evaluate and determine what should be quantum of the sentence that was viable, justified and warranted by the circumstances of the case, in such state of affairs the was defective and not sustainable at all as it clearly run contrary to the mandatory requirements of S.367(5), Cr.P.C. leaving with no other option but to set aside the impugned ---Trial Court was required to have answered the charge under S.10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, whether the accused was acquitted or convicted---Said aspect of the matter remained unattended---Same was the position for not formulating point for determination qua the charge framed under S.10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979---In such circumstances, present case was one for re-writing of afresh after hearing the parties---Appeal was allowed and the case was remanded to the Trial Court with the direction to re-write the after hearing the parties preferably within a period of two months. Muhammad…

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