| Citation(s) |
|---|
| 1981 SLG 3030 = 1981 SLD 3030 = 1981 PLD 120 |
Federal Shariat Court
Criminal Appeals Nos. 5 and 6 of 1980, decided on 13th December 1980. (On Appeal from the judgment dated 1-6-1980 of the Sessions Judge, Faisalabad a Case No. 5, Trial No. 9 of 1980).
Presented By: Justice (Retd.) Salahuddin Ahmed, Chairman, Justices Agha Ali Hyder, Aftab Hussain and Karimullah Durrani, Members
Ilahi Bukhsh Vijdani, Advocate for Appellant in Appeal No. 5 of 1980). M. S. Baqir, Advocate for Appellant (in Appeal No. 6 of 1980).
Criminal Appeals Nos. 5 and 6 of 1980, decided on 13th December 1980. (On Appeal from the judgment dated 1-6-1980 of the Sessions Judge, Faisalabad a Case No. 5, Trial No. 9 of 1980).
Presented By: Justice (Retd.) Salahuddin Ahmed, Chairman, Justices Agha Ali Hyder, Aftab Hussain and Karimullah Durrani, Members
Ilahi Bukhsh Vijdani, Advocate for Appellant in Appeal No. 5 of 1980). M. S. Baqir, Advocate for Appellant (in Appeal No. 6 of 1980).
Criminal Appeal No. 5 of 1980 GHULAM MUHAMMAD alias GAMAN-Appellant
VERSUS
THE STATE-Respondent AND Criminal Appeal No. 6 of 1980 Mst. SAIRAN BIBI-Appellant Versus THE STATE-Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 156, 165
Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979
Section: 14
(a) Criminal Procedure Code (V of 1898) S. 156-Police investigation-Recording of first information report Not condition precedent for holding of investigation by Police. [First Information Report--Investigation]. M. Bashir Saigol and others v. The State and others P L D 1964 Lah. 148 and Rehman and others v. The State P L D 1968 Lah. 464 ref. (b) Criminal Procedure Code (V of 1898) S. 165-Search-Recording of grounds of his belief by Police Officer making search as to necessity of making search for purpose of investigation and specification of person or thing for which search deemed necessary-Held, does not in event of being ignored vitiate trial.-[Search]. Shaman v. The State 1972 P Cr. L J 400 ref. (c) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) S. 14-Zina-Obtaining possession of any person in any manner with intention of such person being at any time employed or used for purpose of prostitution or illicit intercourse with any person being enough to complete offence under S. 14 of Ordinance, disbelief by trial Court of story of sale of prosecutrix by one accused to another, held, cannot, in effect, go against prosecution. Per Justice (Retd.) Salabuddin Ahmed, Chairman, Justices Aftab Hussain and Karimullah Durraull, Members, Justice Agba All Hyder, Member (contra) (d) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) S. 14 - Zina - Prosecutrix stating to have been abducted, confined, beaten, and compelled to submit herself to forcible sexual intercourse with several persons-Statement of prosecutrix corroborated by her recovery from louse of accused appellants and statement of Police Officer making recovery-No connection of any sort shown between prosecutrix and prosecution witnesses or Investigating Officer nor any suggestion made by force of animosity of prosecutrix with accused appellants-Nature of allegations being such as no married, woman would in any circumstances get attributed to her so as to tarnish her reputation for rest of her life-Statement of prosecutrix not allowing any element of doubt in its authenticity- Guilt, held, brought home to accused and no element of doubt left any where in any respect [Per Justice…