Case Details

Citation(s)
1995 SLG 714 1995 SLD 714 1995 SCMR 837
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 288/1 of 1994, decision dated: 9-08-1994.
MUHAMMAD RAFIQ TARAR AND FAZAL KARIM, JJ
C.M. Latif Rawn, Senior Advocate Supreme Court instructed by Muhammad Aslam Ch., Advocate on-Record. Nemo for the State

AHSAN GUFTAR

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898) S. 497 Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10/18 Constitution of Pakistan (1973), Art. 185(3) Accused and complainants' daughter, according to F.I.R., were seen kissing each other while lying on the cot for the purpose of Zina Detection of semen on the vaginal swabs of the complainant's daughter had clearly indicated that she had sexual intercourse 'before she was killed Sessions Court while allowing bail to accused had taken no notice of the Chemical Examiner's Report High Court's order cancelling bail of accused, therefore, did not require any interference Leave to appeal was refused accordingly. JUDGMENT MUHAMMAD RAFIQ TARAR, J. Ahsan Guftar petitioner seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 31 5 1994 whereby bail allowed to him by a learned Additional Sessions Judge was cancelled and he was ordered to be taken into custody. 2. The F.I.R. version of the occurrence was that the petitioner had developed illicit relations with Mst. Razia daughter of the complainant. On the night between 21/22nd December, 1993 she slipped away from her house upon which her father, brother and others went out in search for her. On information received from Muhammad Ashiq and others they went to the Haveli of the petitioner and found her lying in a compromising position with the petitioner on the same cot in a room of his house. On seeing the complainant and his companions the petitioner ran out of the room and escaped. Munawwar, the brother of Mst. Razia, having lost his self control killed her on the spot by inflicting hatchet blows. 3. The petitioner moved an application for bail which came up for hearing before a learned Additional Sessions Judge who after…
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