Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 203-F--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), 5.10(2)--Zina--Conviction challenged on plea of invalid marriage--Leave granted to examine contention that unless there was mens rea notwithstanding fact that petitioners marriage inter se might not be strictly valid, they could not be convicted as element of wilfulness was lacking. Muhammad Azam v. Muhammad Iqbal and others P L D 1984 SC 95; Muhammad Salahuddin Khan v. Muhammad Nazir Siddiqi and others 1984 SCMR 583; Ghulam Shabir Shah v. The State 1983 SCMR 942; Muhammad Iqbal v. The State P L D 1983 FSC 9; Mian Dad and another v. The State P L D 1983 FSC 518; Arif Hussain and Azra Parveen v. The State P L D 1982 FSC 42; Muhammad Arif v. The State P L D 1982 FSC 292; Iftikhar Nazir Ahmad Khan and others v. Ghulam Kibria and others P L D 1968 Lah. 587 and Ashfaq Ahmad and another v. The State P L D 1985 F S C 126 ref. (b) Constitution at Pakistan (1973)-----Art. 203-F--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 4 & 10(2)--Zina--Definition of--Conviction challenged on plea of invalid marriage--Contention raised that necessary two conditions for proof of Zina in addition to sexual intercourse not satisfied in the case viz: (i) that there should not be any valid marriage and (ii) that sexual intercourse should be wilful--Leave granted to examine plea that as element of wilfulness for commission of Zina was lacking in present case, petitioners were not guilty under S.10(2) of Ordinance (VII of 1979). Ashfaq Ahmad and another v. The State P L D 1985 FSC 126 ref. (c) Constitution oaf Pakistan (1973)-----Art. 203-F--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(2)--Sentence--Petitioners claiming invalid marriage, convicted and sentenced--Leave granted to consider plea of reduction in sentence on ground that in such cases Federal Shariat Court had been awarding sentence of five years or less while in present case a sentence of ten years rigorous imprisonment was upheld. Hafiz S.A. Rahman, Advocate Supreme Court and Khan Imtiaz Muhammad Khan Advocate-on-Record (absent) for Petitioners. Nemo for the…

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