Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--Ss. 10 & 16---Penal Code (XLV of 1860), S. 380/411/109---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine, to consider questions whether this was a prerequisite for conducting the procedure of Lian that the wife demands her husband to undergo this procedure, and whether it was possible that the wife even after going through the procedure of Lian be punished for committing any offence under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. (b) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)-- ----Ss. 8 & 14---Procedure of Lian should be undertaken only on the demand of the wife against whom the charge of Zina has been levelled by her husband. Ibn Qudamah, Al-Mughni, Vol. 9, p. 23; Alamgiriah Vol. I, p. 516; Shami and Radd-ul-Muhtar Vol. 2, p. 637 ref. (c) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-- ----Ss. 10 & 16---Penal Code (XLV of 1860), S. 380/411/109---Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979), S.14---Constitution of Pakistan (1973), Art. 185---Appeal against acquittal--- Procedure of Lian had been accomplished by Trial Court without any objection and the marriage had been dissolved, the Lian undertaken by the parties could not, therefore, be nullified at such stage only on the technical ground that the same should have been initiated on the demand of the wife---Procedure of Lian was also found to have been undertaken during the subsistence of marriage and not after divorce---Neither an offence of Zina against the woman, nor the offence of taking or enticing her away by the accused was proved on the record---Appeal against acquittal of accused was dismissed in circumstances. Ibn Qudamah, Al-Mughni, Vol. 9, p. 23; Alamgiriah Vol. I, p. 516; Shami and Radd-al-Muhtar, Vol. 2, p. 637 ref. JUDGMENT JUSTICE MAULANA MUHAMMAD TAQI USMANI (MEMBER)---This is an appeal against the acquittal of respondents Nos.1 to 7 recorded by the learned Additional Sessions Judge, Mianwali, vide his judgment dated 8-7-1987 and affirmed by the Federal Shariat Court on 31-1-1988. 2. It is, admitted…

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