Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10(3)11

Law: Constitution of Pakistan, 1973

Section: 185(2)

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--   ---Ss.10(3) 11--Constitution of Pakistan (1973), Art. 185(2)--Forcible abduction and rape--Plea of valid marriage as defence--Ex parte decree for restitution of conjugal rights--Effect of--Conviction under Ss.10(3) 11 of Ordinance (VII of 1979)--Appeal against enhancement of sentence--Contention that appellant could not be convicted under S.11 because prosecutrix was his married wife and Judge Family Court had already passed an ex parte decree in his favour for restitution of conjugal rights, rejected by Federal Shariat Court because no Nikahnama or oral evidence in support of Nikah was produced--Plea raised that Federal Shariat Court had erred in not relying upon the decree which implied that Family Judge had found that a valid marriage existed between the parties--Neither pleadings of parties nor documents on which they were relying had been placed on record--Not certain whether Judge Family Court had copy of Nikahnama of parties before him and decree passed by him was based on it--Case remanded to Trial Court for trial afresh after summoning record of Family Court and other relevant documents.   Muhammad Azam v. Muhammad Iqbal and others P L D 1984 SC 95 ref. JUDGMENT NASIM HASAN SHAH, J.--This is an appeal against the judgment of the Federal Shariat Court dated 1-6-1987. The facts, which form the background, are that Muhammad Shaft alongwith other members of his family were sleeping in their house between the night of 22/23-10-1980. At about mid-night, Dost Muhammad, Allah Bachaya, Elahi Bakhsh, Allah Diwaya, Ganmoon and ten other persons entered the house duly armed with sticks and forcibly abducted Mst.Nazir Mai, sister of Muhammad Shaft complainant. The inmates of the house tried to prevent the abduction of Mst.Nazir Mai but the assailants caused them injuries and in this incident Muhammad Shafi, his father Ghulam Rasool and his brother-in-law Faiz Bakhsh were injured. According to Muhammad Shafi, his mother also received fist blows from the assailants. All the 15 persons were tried under Sections 452, 325, 148, 149, P.P.C. and Sections 11 and 10(3) of the Offence of Zina…

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