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

Section: 7

Law: Criminal Procedure Code (V of 1898)

Section: 367

(a) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----S. 7---Criminal Procedure Code (V of 1898), S. 367---Commission of offence of Qazf---Appreciation of evidence---Appeal against acquittal---Tazkiyah al-Shuhood in the witnesses---Language and contents of ---Scope---Accused was charged for levelling allegation containing imputation of zina against the complainant---Record showed that the Trial Court acquitted the accused on the ground of absence of Tazkiyah al-Shuhood in the witnesses of the prosecution declaring it as a mandatory provision in any case of Hadd, however, the was silent about the fact as to how the Trial Court reached to the conclusion that Tazkiyah al-Shuhood was missing from the prosecution witnesses---Correctly, the assessment of Tazkiyah al-Shuhood of the prosecution witnesses was very relevant and important in cases of Hadd, but at the same time, the Trial Court was supposed to give plausible and cogent reasons for declaring any witness, who did not fulfil the standards of Tazkiyah al-Shudood---Circumstances established that the impugned did not fulfil the mandatory requirements of S.367, Cr.P.C., thus was not sustainable---Appeal was allowed by setting aside the impugned and case was remanded to the Trial Court for re-writing of by fully adhering to mandatory provisions contained in S.367, Cr.P.C. (b) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----S. 7---Criminal Procedure Code (V of 1898), S. 367---Commission of offence of Qazf---Appreciation of evidence---Appeal against acquittal---Delay of about one month in lodging the FIR---Effect---Language and contents of ---Scope---Accused was charged for levelling allegation containing imputation of zina against the complainant---Record showed that report had been lodged after a delay of about one month---Trial Court observed that it was enough time for deliberation and consultation on the part of the complainant for false implication of the accused---Said approach of the Trial Court which conducted the trial of Qazf was utterly misplaced and wrong due to the nature of the alleged offence---Unlike other criminal cases, in Qazf the honour, reputation,…

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