| Citation(s) |
|---|
| 1997 SLG 670 1997 SLD 670 1997 SCMR 897 |
Supreme Court of Pakistan
Criminal Petition for. Special Leave to Appeal No. 16(S) of 1996, decision dated: 10-03-1997
IRSHAD HASAN KHAN, MUHAMMAD BASHIR KHAN, JEHANGIRI AND MAULANA MUHAMMAD TAQI USMANI, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Criminal Petition for. Special Leave to Appeal No. 16(S) of 1996, decision dated: 10-03-1997
IRSHAD HASAN KHAN, MUHAMMAD BASHIR KHAN, JEHANGIRI AND MAULANA MUHAMMAD TAQI USMANI, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
JAMIL HUSSAIN SHAH
VS
THE STATE and others
Law:
Section:
(a) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)-----S. 3---Qazf---Victims of Qazf---Zina (with consent) is a bilateral act and if it is attributed to two particular persons, both of them can claim to be victims of the offence of Qazf even though the initial complaint is only against any one of them. (b) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----S. 3---Qazf---If the imputer does not actually intend to harm the reputation of a person but he has reasons to believe that such imputation will harm the reputation or hurt the feelings of that person, he falls within the ambit of definition of "Qazf".---[Words and phrases]. (c) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--S. 11---Constitution of Pakistan (1973), Art.203-F(2-B)--- Petition for leave to appeal---Accused had named the respondent lady in his statement brought on judicial record and the imputation made by him was so specific that she had been dismissed from her service as a teacher---Accusation of Zina had been made by the accused against the respondent in a Court of law which was not substantial not only by four witnesses but also by any piece of evidence whatsoever---Conviction and sentence of accused passed by Federal Shariat Court were upheld in circumstances and the petition for leave to appeal was dismissed accordingly. (d) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----S. 3, Second Exception---Accusation preferred in good faith to authorised person---Case falling within the ambit of either of the three situations mentioned in (a), (b) and (c) will make out the offence of "Qazf" even if the accusation is preferred to a person having lawful authority over the person against whom the accusation is made. (e) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----S. 3, Second Exception---For the case falling within the situation (a) under the Second Exception it is not necessary for the establishment of offence of "Qazf" that the accused is held a liar by Court of law, rather it is sufficient that he is not able to produce four witnesses in support of his accusation---However, it is only in the cases of…
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