Case Details

Citation(s)
1992 SLG 825 1992 SLD 825 1992 SCMR 2327
Supreme Court of Pakistan
Cr. Petition No.33(S) of 1991, decision dated: 24-08-1992(From the judgment, dated 16-3-1992 passed by the Federal Shariat Court)
SALEEM AKHTAR AND MUHAMMAD TAQI USMANI, JJ

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MUHAMMAD MAROOF

THE STATE

Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--Ss.10(2) & 16---Constitution of Pakistan (1973), Art.185(3)---Prosecutrix being a major had been held to be a consenting party with -the accused---Police had not visited the place where prosecutrix was subjected to sexual intercourse, nor any recovery was made therefrom---Relations between accused and the complainant were strained and F.I.R. suffered from a delay of eleven days--­Leave to appeal was granted to .re-appraise the evidence on record for safe administration of criminal justice in circumstances. ORDER SALEEM AKHTAR, J: --The petitioner seeks leave to challenge the judgment passed by the Federal Shariat Court whereby the conviction of the petitioner under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 was converted into conviction under section 10(2) of the Ordinance and also conviction under section 11 was converted into conviction under section 16 of the Ordinance and was sentenced to suffer seven years' R.I., 30 stripes of whipping and fine of Rs.10,000, in default to suffer R.I: for one year. Under section 16, he was sentenced to suffer 7 years' R.I., 30 stripes of whipping and fine of Rs.10,000, in default to undergo R.I. for one year. The sentences of imprisonment were to run concurrently. Benefit of section 382-B, Cr.P.C. was also maintained. With this modification, the appeal of the petitioner was dismissed. The case of the prosecution against the petitioner was that on 24-2-1990, while Ms. Shabana, the daughter of the complainant Imtiaz Nabi was going to attend her school, the petitioner, who happened to be husband of Gulshan Noorain, the elder sister of Shabana, brought Mst. Shabana allegedly 14 years old to a house at Kemari on the pretext that her…
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