| Citation(s) |
|---|
| 2008 SLG 1080 2008 SLD 1080 2008 PLD 343 |
Supreme Court of Pakistan
Criminal Appeal No. 58 of 2005, decision & hearing Dated: 24-03-2008. (On appeal from the judgment and order of the Peshawar High Court, Peshawar, Dated 14-5-2003, passed in Jail Criminal Appeal No. 174 of 2003 in Murder Reference No. 4 of 2003).
MUHAMMAD QAIM, JAN KHAN, JUSTICE MUHAMMAD MOOSA K. LEGHARI, JUSTICE SYED SAKHI HUSSAIN BOKHARI, JUSTICE
Petitioner(s) by: M. Zaman Bhatti,
Respondent(s) by: Sh. Mehmood Ahmed, Advocate Supreme Court on behalf of A.G., N.-W.F.P.
Criminal Appeal No. 58 of 2005, decision & hearing Dated: 24-03-2008. (On appeal from the judgment and order of the Peshawar High Court, Peshawar, Dated 14-5-2003, passed in Jail Criminal Appeal No. 174 of 2003 in Murder Reference No. 4 of 2003).
MUHAMMAD QAIM, JAN KHAN, JUSTICE MUHAMMAD MOOSA K. LEGHARI, JUSTICE SYED SAKHI HUSSAIN BOKHARI, JUSTICE
Petitioner(s) by: M. Zaman Bhatti,
Respondent(s) by: Sh. Mehmood Ahmed, Advocate Supreme Court on behalf of A.G., N.-W.F.P.
NISAR
VS
THE STATE
Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979
Section: 10(4)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Anti Terrorism Act, 1997
Section: 6(b)
(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(4)---Anti-Terrorism Act (XXVII of 1997), S.6(b)---Constitution of Pakistan (1973), Art.185(3)---Zina-bil-Jabr, offence of---Conviction and sentence awarded to accused by Anti-Terrorism Court confirmed by High Court---Plea of accused was that F.I.R. was lodged with delay of five days with explanation that prosecutrix was waiting for her husband to come back from place but despite that husband was never shown to have accompanied her to Police Station for recording F.I.R; that accused was not known to prosecurtix prior to occurrence, while co-accused was known to her only to the extent of being a wagon driver, but F.I.R. found names of both accused mentioned along with their parentage, thus, possibility of lodging of F.I.R. after preliminary investigation could not be excluded; that no commission of "Zina" was alleged in F.I.R., where in prosecutrix stated that she succeeded in saving her honour; that nude photographs of prosecutrix were produced before Investigating Officer by daughter of accused without giving any explanation as to how same were allowed to be possessed by her and that occurrence was alleged to have taken place in a "Baithak", which was a part of a family house inhabited by women-folk of family also---Supreme Court granted leave to appeal as all such material questions emanating from record closely required reappraisal of evidence. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 10(4)---Anti-Terrorism Act (XXVII of 1997), S.6(b)---Constitution of Pakistan (1973), Art.185(3)---Zina-bil-Jabr, offence of---Proof---Prosecutrix as prosecution witness deposed that both accused forcibly committed Zina with her turn by turn on gunpoint, but during her cross-examination, she admitted to have mentioned in F.I.R. that she had succeeded in saving her honour and chastity---Explanation for lodging F.I.R. with delay of five days was that prosecutrix was waiting for her husband to come back from place "R", but husband was neither tendered in evidence nor shown to have accompanied her to Police Station for recording F.I.R.---Accused was not known to…
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