| Citation(s) |
|---|
| 1984 SLG 217 1984 SLD 217 1984 PLD 95 |
Supreme Court of Pakistan
Criminal Appeal No. 2 of 1982 (Shariat), decision dated:26th Octobcr, 1983. )On appeal from the judgment and orderof the Federal Shariat Court, Islamabad, dated 26-5-1982 inCr. A. No. 44/1 of 1982).
JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN, NASIM HASAN SHAH, SHAFIUR RAHMAN, PIR MUHAMMAD KARAM SHAH AND MUHAMMAD TAQI USMANI, JJ
Malik Rab Nawaa Noon, Advocate Supreme Court and Ch. Akhtar All, Advocate-on-Record for Appellant.Sardar M. Ishaque, Advocate Supreme Court No. 1.M. Kowkab Iqbal, Advocate-on-Record for the State.
Criminal Appeal No. 2 of 1982 (Shariat), decision dated:26th Octobcr, 1983. )On appeal from the judgment and orderof the Federal Shariat Court, Islamabad, dated 26-5-1982 inCr. A. No. 44/1 of 1982).
JUSTICE MUHAMMAD AFZAL ZULLAH, CHAIRMAN, NASIM HASAN SHAH, SHAFIUR RAHMAN, PIR MUHAMMAD KARAM SHAH AND MUHAMMAD TAQI USMANI, JJ
Malik Rab Nawaa Noon, Advocate Supreme Court and Ch. Akhtar All, Advocate-on-Record for Appellant.Sardar M. Ishaque, Advocate Supreme Court No. 1.M. Kowkab Iqbal, Advocate-on-Record for the State.
MUHAMMAD AZAM vsMUHAMMAD IQBAL AND others
Law:
Section:
(a) Constitution of Pakistan (1973)----- Art. 20-F-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(3)-Zina-bil-Jabar liable to Tazir-Trial Court failing to record all essential evidence so as to reach correct conclusions about alleged marriage; statement of prosecutrix under Ss. 164/200 Cr. P. C., age of prosecutrix and effect thereof on acts of accused Findings of Federal Shariat Court if suffering from some misreading, held, by itself would not justify setting aside of acquittal in circumstances as failure of trial Court to act in accordance with law regarding conduct of trial also reacted on decision of Federal Shariat Court Judgment of trial Court liable to be set aside, and remand order necessary-Question of remand for fresh trial being directly involved in case, Supreme Court, avoided conclusive finding on any question of fact which would vitally effect culpability or otherwise of accused.[Remand-Finding of fact]. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of.1979)- -- S. 10(3)-Criminal Procedure Code (V of 1898), S. 540-Zina-bilJabar liable to Tazir-Nikah-Production of Nikhnama by accused Duty of trial Court and Investigating Officer if Nikabnama alleged to be fake-Secondary evidence necessary-Prosecution alleging coercion by accused and defence plea of valid Nikah without coercion-Resolution of controversy by Court absolutely essential for just decision of case Trial Court to summon entire available evidence on controversy and record/admit same by virtue of powers under S. 540, Cr. P. C. (c) Criminal Procedure Code (V of 1898) --- S. 540-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 1,0(3)-Zina-oil-Jabar liable to Tazir-Nikah-Prosecution alleging coercion by accused and defence plea of valid Nikah without coercion-Evidence relating to Nikah absolutely essential-Failure of trial Court to act under S. 540, Cr. P. C., held, not only deprived appellate Court of essential material for just decision of appeal but also occasioned miscarriage of justice. (d) Criminal Procedure Code (V of 1898) -- S. 540--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(3)-Zina-oil-Jabar liable to…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492