Case Details

Citation(s)
2004 SLG 1324 2004 SLD 1324 2004 PCRLJ 1039 2004 PLJ 1
Federal Shariat Court
Criminal Appeals Nos.234/L, 307/L and Criminal RevisionNo.70/L of 2002, decision dated: 18-12-2003
S.A. MANAN AND SAEED-URREHMAN FARRUKH, JJ
Muhammad Umar v: The State 1999 PCr.LJ 699; Mst. Nasreen v. Fayaz Khan and others PLD 1991 SC 412 and Muhammad Akram v. The State PLD 1989 SC 742 ref.

SHABBIR alias KUKKU and 2 othersVsTHE STATE

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10(3), 16

Law: Penal Code (XLV of 1898)

Section: 343

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-------------Ss. 10(3) & 16 ---Penal Code (XLV of 1860), S.343-----Appreciation of evidence Defence plea that the abductee was a girl of easy virtue and in habit of roaming about after leaving her parents house was not substantiated on record Abductee was a young virgin girl and no earthly reason was available as to why she would go to the extent of putting her own honour and dignity at stake besides ruining the respect of her entire family in the village by leveling false allegation of rape upon her by the accused---Account of the fiendish treatment meted out to the abductee by the three accused furnished by her was truthful and was fully supported by medical evidence---Solitary statement of the victim if found truthful and confidence-inspiring in a rape case under the law was sufficient to base conviction---Convictions of the accused were maintained in circumstances with some reduction in their sentence. Muhammad Umar v. The State 1999 PCr.LJ 699; Mst. Nasreen v. Fayaz Khan and others PLD 1991 SC 412 and Muhammad Akram v. The State PLD 1989 SC 742 ref. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) Ss. 10(3) & 16---Appreciation of evidence---Rape---Victim's statement when sufficient for conviction---Conviction can be based in a rape case on the solitary statement of the victim if the same is found truthful and confidence-inspiring. Muhammad Umar v: The State 1999 PCr.LJ 699; Mst. Nasreen v. Fayaz Khan and others PLD 1991 SC 412 and Muhammad Akram v. The State PLD 1989 SC 742 ref.                                                                                                                                                    JUDGMENT SAEED-UR-REHMAN FARRUKH, J.---------By this judgment we propose to…
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