Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 347(7)--Pakistan Penal Code, (XLV of 1860), S. 338-E--Offence of Zina (Enforcement of Hudood) Ordinance, S. 10(4)--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Dying declaration--Bona fides--Affidavits were made two days prior to death of the victim--Exhausted remedies--Offence of Zina was not compoundable--Bona fides--Victim denied and two days prior stated before deponents that she had falsely implicated accused--Validity--Non-satisfactory--Reasons--During one year accused never approached the Court and conveniently filed a writ petition a day prior to date of execution of death warrant--High Court are not persuaded with bonafides of the petitioners or legal heirs of the deceased who are seeking relief Constitutional jurisdiction--Petition was dismissed. [P. 764] A & B Order This order will be read in continuation of our order of even date and in response to the directions made to the learned law officer, it is submitted that the offence for which the petitioners have been sentenced, that is, Section 10(4} of the Offence of Zina (Enforcement of Hadood) Ordinance, is not compoundable and in this regard has drawn our attention to sub-section (7) of Section 345 Cr.P.C. 2. Further submits that the so called dying declaration, according to affidavits were made two days prior to death of the victim, that is, on 19.5.2006 but for one long year the petitioners as also the legal heirs of the victim kept mum. According to learned law officer, Section 338-E, PPC is not applicable to the facts of the instant case. He has relied upon 2006 PSC (Criminal) 152. 3. We have heard learned counsel for the parties. The petitioners were sentenced to death under Section 10(4) of the Ordinance No. VII of 1979. Criminal Appeal Nos. 46. and 47/J of 1998 were dismissed by this Court and Murder Reference No. 458 of 2002 was replied in Affirmative whereby the death sentence of both the petitioners was confirmed. Both the petitioners challenged their conviction and sentence before the Hon'ble apex Court through Criminal Appeal No. 207 of 2002 and Jail Petition No, 86 of 2002…

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