Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 203-F-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(2)-Offense of Zina-Plea of valid NikahLeave to appeal granted to examine whether plea of valid Nikah by accused was not male fide and law laid down in Muhammad Azam v. Muhammad 1qbal P L D 1984 S C 95 was not attracted to case. (b) Offence of Zina(Enforcement of Hudood) Ordinance (VII of 1979) -- S. 10(2)-Criminal Procedure Code (V of 1898), S. 540-Offence of Zina-Plea of valid Nikah-Two Nikahnama available on record concerning same lady-Quality of evidence not satisfactory when particularly other authentic evidence was not taken note of on question of Nikah with regard to findings recorded-Defence plea of valid Nikah was, therefore, not mala fide to imply summary rejection-Trial Court if had undertaken to decide issue of validity of marriage then full inquiry should have been made into conflicting claims with regard to marriage invoking powers of Court under S. 540, Cr. P. C. or better still if family case on subject was pending its decision should have been awaited for a reasonable time-Such course having not been adopted by trial Court, held, a material defect remained in trial-Judgment of convictions recorded by trial Court and affirmed by Federal Shariat Court were set aside and a retrial was ordered in terms of decision of Supreme Court in Muhammad Azam v. Muhammad 1qbal P L D 1984 S C 95-Accused persons were, however, admitted to bail. Muhammad Azam v. Muhammad 1qbal and others P L D 1984 S C 9 affirmed. Syed Asghar Hussain Shah Sabzwarl, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellants. K. E. Bhatti, Advocate-on-Record for the State. Date of hearing : 21st May, 1985. JUDGMENT SHAFIUR RAHMAN, J.-Leave to appeal was granted to the two convict under section 10(2) of Ordinance VIII of 1979 to examine whether the,: plea of a valid Nikab was not mala fide and the law laid down is Muhammad Azam v. Muhammad Iqbal and others (PLD19845C95) was not attracted to the case. On the 25th of March, 1982 Muhammad Sharif son of Ghulatr Muhammad (P. W. 2) lodged a report at Police Station Dunya Pur, Tehsil and…

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