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Latest Judgments (All Jurisdictions within Pakistan)
KHANI ZAMAN VS SHAH HUSSAIN
Summary: Summary pending.
M B ABBASI ACCUSEDW VS THE STATE
Summary: Summary pending.
SECRETARY EDUCATION MINISTRY OF EDUCATION VS VIQAR UL HAQ
Summary: Summary pending.
Syed Zaheer Hussain Shah son of Syed Wazir Hussain Shah,resident of village Thipra, Tehsil and District Haripur. The State
Summary: Summary Pending
ALI MUHAMMAD VS THE STATE
Summary: Summary pending.
ARSHAD VCRSUSTHE STATE
Summary: Summary pending.
HAJI MUHAMMAD IBRAHIM VS THE STATE
Summary: Summary pending.
AZAD JAMMU KASHMIR COUNCIL THROUGH SECRETARY NEW SECRETARIAT ISLAMABAD PAKISTAN VS AJMAL BASHARAT
Summary: Summary pending.
MUHAMMAD IKRAM CHAUDHRY VS FEDERATION OF PAKISTAN
Summary: Summary pending.
The State Vs Counsel for the appellant Counsel for the complainant Counsel for the State Muhammad Ishaq Malik Amjad Pervaiz, Advocate Mian Muzaffar Ahmad, Advocate Mr. Muhammad Awais Mazhar, D.P.G.
Summary: Background:
The appellant was convicted by the Additional Sessions Judge, Mianwali, under Section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, for zina-bil-jabr (rape) and sentenced to death. He was also convicted under Section 16 of the Ordinance for detaining a woman with criminal intent and sentenced to seven years' rigorous imprisonment along with a fine. The case arose when the complainant, Rukan-ud-Din, accused Ishaq and his co-accused of abducting and raping his daughter-in-law as an act of revenge for a prior altercation. Muhammad Ishaq challenged his conviction and the sentence, while a murder reference was made for the confirmation of his death sentence.
----Issues:
1- Whether Muhammad Ishaq and his co-accused were guilty of zina-bil-jabr as per Section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2- Whether the appellant’s actions amounted to the offense of detaining a woman with criminal intent under Section 16 or abduction under Section 11 of the Ordinance.
----Holding/Reasoning/Outcome:
Zina-bil-jabr (Section 10(4)): The court found insufficient evidence to uphold the conviction under Section 10(4) of the Ordinance. While the victim testified against Ishaq, the lack of corroborative evidence, such as semen matching or independent witnesses, cast reasonable doubt. Additionally, the court considered it improbable in the social context of a tribal society for three real brothers to commit such an immoral act together, especially within their own house where family members were present. Therefore, the conviction for zina-bil-jabr was overturned, and the appellant was acquitted of this charge.
Abduction (Section 11): The court found that the appellant had abducted the victim with the intent to commit illicit intercourse. The victim's testimony, combined with the evidence of injuries and the appellant's absconsion for a prolonged period, supported the conviction for abduction. The court converted the conviction under Section 16 (detaining a woman with criminal intent) to Section 11 (abduction with intent to force illicit intercourse) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and imposed a life sentence along with a fine of Rs. 1,00,000.
The conviction under Section 10(4) was set aside, and the appellant was acquitted of zina-bil-jabr.
The conviction under Section 16 was converted to Section 11, and the appellant was sentenced to life imprisonment.
The murder reference for the confirmation of the death sentence was answered in the negative and not confirmed.
----Citations/Precedents:
1992 SCMR 1625
PLD 1978 SC 1
2010 SCMR 625
PLD 2010 SC 47
PLJ 1997 FSC 77
2011 PSC 777
2010 SCMR 1025
PLD 1959 Dacca 956 (DB)
PL 2007 Cr.C. Karachi 107 (d)