Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 11

(a) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----S. 11---Accused acquitted on repentance and acceptance of the same by complainant--Accused had moved an application at police station alleging that complainant had committed "Zina-bil-Jabr" with his grand daughter---After investigation complainant was found innocent and he was discharged from the case by Magistrate---Complainant then filed a private complaint against the accused wherein the accused had been convicted under S.11 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 and sentenced to six months' simple imprisonment with a fine of Rs.10,000 by Sessions Court vide the impugned order---Trial Court after convicting the accused had released him on bail on account of his advanced age subject to filing of appeal---Accused while being present in Federal Shariat Court on bail repented for what he had done--Son of the complainant was also present in person in the Court and. was the father of the girl about whom the accused had alleged that his grandfather had committed Zina-bil-Jabr with her---Accused who was four years less than 100 years of age had made repentance about the allegation made by him and tendered conditional apology in open Court and even to the father of the said girl and promised to tender apology to the complainant as well on his return to the village---Accused had also voluntarily imposed a penalty of Rs.2,500 upon himself to be given to the complainant, in token of his sincere repentance---Complainant's son had received the money in Court---Gesture of the complainant in accepting the apology and not insisting upon the execution of the sentence amounted to settling the issue once for all and was another form of alternate dispute resolution in the larger interest of peace in the village where the parties had to live---Accused was acquitted in circumstances. (b) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----Preamble---Out of the four Hudood laws, the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, is the only law which falls in the category of "Haqooq-ul-Ibad", which means that the complainant i.e., the aggrieved person can…

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