| Citation(s) |
|---|
| 2007 SLG 528 2007 SLD 528 2007 SCMR 445 |
Supreme Court of Pakistan
Criminal Appeal No.10(S) and along with Jail Petition No.94(S) of 2004, decision dated: 7-11-2006. (On appeal from the judgment, dated 19-1-2004 passed by the Federal Shariat Court, in Jail Criminal Appeal No.286/I of 2003)
JUSTICE, JAVED IQBAL, CHAIRMAN, JUSTICES SARDAR MUHAMMAD RAZA KHAN, CH. IJAZ AHMED, DR. ALLAMA KHALID MEHMOOD AND DR. RASHID AHMED, JULLUNDHARI, MEMBERS
Malik Abdul Haq, Advocate Supreme Court for Appellant (in Criminal Appeal No. 10(S) of 2004). Arshad Ali Chaudhry, Advocate Supreme Court for Petitioner (in Jail Petition No. 94(S) of 2004). Arshad Ali Chaudhry, Advocate Supreme Court (In Criminal Appeal
Criminal Appeal No.10(S) and along with Jail Petition No.94(S) of 2004, decision dated: 7-11-2006. (On appeal from the judgment, dated 19-1-2004 passed by the Federal Shariat Court, in Jail Criminal Appeal No.286/I of 2003)
JUSTICE, JAVED IQBAL, CHAIRMAN, JUSTICES SARDAR MUHAMMAD RAZA KHAN, CH. IJAZ AHMED, DR. ALLAMA KHALID MEHMOOD AND DR. RASHID AHMED, JULLUNDHARI, MEMBERS
Malik Abdul Haq, Advocate Supreme Court for Appellant (in Criminal Appeal No. 10(S) of 2004). Arshad Ali Chaudhry, Advocate Supreme Court for Petitioner (in Jail Petition No. 94(S) of 2004). Arshad Ali Chaudhry, Advocate Supreme Court (In Criminal Appeal
BASHIR AHMED and another
VS
FAYYAZ AHMED and others
Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979
Section: 10(2),(3)
Law: Criminal Procedure Code (V of 1898)
Section: 423
Law: Constitution of Pakistan, 1973
Section: 203-F(3)
(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(2) & (3)---Constitution of Pakistan (1973), Art.203-F(3)---Leave to appeal was granted by Supreme Court to consider legality of sentence reduced by Federal Shariat Court. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(2) & (3)---Reappraisal of evidence---Zina-bil-Raza---Reduction in sentence---Trial Court convicted the accused under S.10(3) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and sentenced him to 25 years of imprisonment---Federal Shariat Court converted conviction of the accused under S.10 (2) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and reduced the sentence to 5 years of imprisonment---Validity---Federal Shariat Court converted the offence from S.10 (3) to S.10 (2) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, after judicial application of mind and after re-appraisal of evidence had come to the conclusion that victim attained puberty and did not raise hue and cry---Statement of doctor who had examined the victim, clearly showed that her hymen was found to be old ruptured---Federal Shariat Court was justified to convict the accused under S.10 (2) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979---No illegality or material irregularity having been found in the conclusion arrived at by Federal Shariat Court in its , appeal was dismissed by the Supreme Court. (c) Criminal Procedure Code (V of 1898)--- ----S. 423-Appellate Court---Alteration of conviction---Principles---Powers of appellate Court are very wide under S.423, Cr.P.C. but are subject to the condition that altered conviction should not be such which could not have been recorded by Trial Court. ORDER JUSTICE CH. IJAZ AHMED (MEMBER).--- We intend to decide captioned appeal and jail petition by one consolidated judgment arising out of the same common impugned judgment of the Federal Shariat Court dated 19-1-2004. Appellant Bashir Ahmed (complainant) had filed Criminal Petition No.5(S) of 2004 seeking leave to appeal against the aforesaid judgment of the Federal Shariat Court dated 19-1-2004 for enhancement of the…
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