| Citation(s) |
|---|
| 2003 SLG 1112 2003 SLD 1112 2003 PCRLJ 531 |
Federal Shariat Court
Criminal Appeals Nos. 150 I and 30 P of 2001, decided on 20th May, 2002.
FAZAL ILAHI KHAN, C.J. AND CH. EJAZ YOUSAF, J
Malik Rob Nawaz Noon and Imdad Hussain Adil for Appellants. M. Sharif Janjua for the State.
Criminal Appeals Nos. 150 I and 30 P of 2001, decided on 20th May, 2002.
FAZAL ILAHI KHAN, C.J. AND CH. EJAZ YOUSAF, J
Malik Rob Nawaz Noon and Imdad Hussain Adil for Appellants. M. Sharif Janjua for the State.
KHAN SAID and 3 others--Appellants
VS
THE STATE --Respondents
Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979
Section: 10(3),11
Law: Penal Code (XLV of 1860)
Section: 149
Law: Criminal Procedure Code (V of 1898)
Section: 345
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) Ss. 10(3) 11 Penal Code (XLV of 1860), S.149 Criminal Procedure Code (V of 1898), S.345 Compromise Victim girl as well as her father (complainant) had forgiven the accused and compromised the matter and prayed for reduction in the sentences awarded to accused by Trial Court Federal Shariat Court keeping in view the submissions made by the counsel for the parties, facts of the case and better future relations of both sides maintained the convictions of accused, but substantially reduced their sentences from 15 years R.I. to 4 years R.I. and from imprisonment for life to that of already undergone with reduction in fine Sentences of stripes inflicted on the accused were, however, set aside in view of the Abolition of Punishment of Whipping Act, 1996 Appeals were disposed of accordingly. Allah Ditto v. The State 1988 SCMR 1459; Pervez Iqbal v. The State PLD 1985 FSC 134 and Ghulam Rasool and another v. The State 1999 MLD 3085 fol. Malik Rob Nawaz Noon and Imdad Hussain Adil for Appellants. M. Sharif Janjua for the State. Date of hearing: 20th May, 2002. JUDGMENT CH. EJAZ YOUSAF, J.Thisjudgment will dispose of Criminal Appeal No. 150 I of 2001, filed by Khan Said son of Din Muhammad and Criminal Appeal No.30 P of 2001 filed by Lalazada son of Khan Zada, Noor Muhammad son of Ayub Khan and Jehanzeb son of Noor Rahman, as both these appeals arise out of the same judgment dated 21 6 2001 passed by learned Additional Sessions Judge, Lahore District Swabi whereby the appellants have been convicted under sections 10(3) and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (hereinafter referred to as the Ordinance) read with section 149, P.P.C. and sentenced to the punishments as under: ‘Appellant Khan Said has been convicted under section 10(3) of the Ordinance read with section 149, P.P.C. and sentenced to undergo R.I. for fifteen years and to suffer thirty stripes. He has also been convicted under section 11 of the Ordinance read with section 149, P.P.C. and sentenced to imprisonment for life, to suffer thirty stripes and to pay a fine of…
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