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

Section: 3,5,7

Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----Ss. 3, 5 & 7---Offence of Qazf---Appreciation of evidence---Stand taken by accused was based on a false allegation against the complainant---Accused had levelled an allegation which was well covered within the definition of Qazf as given in Ss.3 & 5 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979---In order to prove his allegation against the complainant, accused had not been able to bring four witnesses to support his allegation---Though the allegation was made by accused in a suit filed by him for declaration and permanent injunction against the complainant, he had reiterated and reaffirmed the same allegation in the present case as well, and he had stuck to the position taken by him in the civil suit---Accused was a liar who had fabricated an allegation of commission of zina against the complainant/illegitimacy of her daughter, which was not at all supported by the four witnesses as required under S.3 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979---Accused, in circumstances, was rightly found guilty of committing the offence of Qazf by the Trial Court and was convicted and sentenced---Impugned was well- reasoned and same being neither perverse nor arbitrary, called for no interference by Federal Shariat Court---Conviction and sentence of accused were maintained, in circumstances. 2011 PCr.LJ 778 and PLD 2011 SC 796 and Verse of the Holy Qur'aan ref. JUDGMENT DR. FIDA MUHAMMAD KHAN, J.---This appeal filed by Muhammad Ramzan is directed against the judgment dated 8-10-2011 passed by learned Additional Sessions Judge, Rawalpindi, whereby he has convicted the appellant under section 7 of Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (hereinafter referred to as the said Ordinance) and sentenced to suffer eighty stripes as Hadd. 2. The learned Additional Sessions Judge, Rawalpindi has sent Criminal Reference No.5/I of 2011 for confirmation of the sentence. 3. Since both the matters arise out of one and the same judgment, we would like to dispose of both the matters by this single Judgment. 4. Brief facts of the case are that Mst. Sajida Bibi filed private…

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