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

Section: 10(4),10(3)

Law: Criminal Procedure Code (V of 1898)

Section: 345

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ---Ss. 10(4) & 10(3)---Criminal Procedure Code (V of 1898), S. 345--Zina-bil-jabr---Sentences, reduction in---Effect of compromise---Hudood laws being not compoundable even with the permission of the court under S. 345, Cr.P.C., compromise effected between the parties leading to acquittal of accused, was not allowed---However, S. 345, Cr.P.C. did not debar the court from considering the compromise for the purpose of reduction of sentence, provided the compromise was voluntary and the accused had expressed their willingness not to repeat the offence and they had been forgiven in the name of Allah Almighty---Conduct of accused had also supported their repentence in this regard with a firm resolve not to create social problems in future---Forgiveness of accused had been established by the statements of the victim ladies---Counsel for the accused had agreed not to challenge the conviction of accused, if their death sentence was converted into the alternate sentence of life imprisonment---Compromise had been effected between the parties voluntarily, which would advance social harmony and peace between them---Forgiveness is Divine as mentioned in the sacred texts of Muslims---Convictions of accused were consequently confirmed, but sentence of death awarded to each accused under S. 10(4) of the Offence of Zina (Enforcement, of Hudood) Ordinance, 1979, was reduced to imprisonment for life and the sentence of 25 years’ R.I. awarded to one accused under S. 10(3) of the said Ordinance was reduced to 14 years’ R.I. in circumstances---Sentence of whipping of the said accused was set aside---Appeals were disposed of accordingly. Muhammad Arif v. The State 2002 YLR 3077 and 2002 YLR 3077 ref. JUDGMENT AGHA RAFIQ AHMED KHAN, C.J.---Criminal Appeal No.245/L of 2004 filed by Mukhtar Ahmad, Criminal Appeal No.284/L of 2004 filed by Irfan Ali against their conviction and sentence and Criminal Reference No.2/L of 2006 are being disposed of through this judgment as all the three matters arise out of the same judgment dated 28-7-2004 delivered by learned Additional Sessions Judge, Pindi Bhattian whereby both the…

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