| Case ID |
04580971-d74c-4c38-9194-a6db6cc0726b |
| Body |
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| Case Number |
Criminal Appeal No. 323/L of 1995 |
| Decision Date |
Feb 12, 1997 |
| Hearing Date |
|
| Decision |
The Federal Shariat Court upheld the conviction and sentence of the appellants under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The court found that the actions of the appellants constituted a serious attempt to commit Zina, as they forcibly took the prosecutrix to a wheat field and attempted to undress her. The court emphasized the need for strict interpretation of laws to protect women's rights and ensure societal peace. The arguments presented by the appellants were dismissed, as the court found the evidence against them compelling and their defense unsubstantiated. Thus, the appeal was dismissed. |
| Summary |
In the case decided by the Federal Shariat Court, the appellants, Chiragh and Ashraf, were convicted under the Offence of Zina (Enforcement of Hudood) Ordinance for attempting to commit Zina against the victim, Mst. Shamim. The incident occurred on March 31, 1995, when the victim was forcibly taken to a wheat field by the appellants. The evidence presented indicated that the appellants not only attempted to undress the victim but also tore her shirt during the struggle. The court stressed the importance of safeguarding women's dignity and rights as per Islamic principles and constitutional guarantees. The ruling highlighted the necessity of a strict legal interpretation in sexual offenses to deter rising crimes against women. The court also distinguished this case from previous rulings, establishing that the severity of the actions constituted more than mere molestation. The decision reflects the court's commitment to uphold justice and protect vulnerable individuals in society. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Mst. Shamim alias Shama
|
| Judges |
M. MEHBOOB AHMED, C.J.
|
| Lawyers |
|
| Petitioners |
CHIRAGH,
ASHRAF
|
| Respondents |
THE STATE
|
| Citations |
1997 SLD 409,
1997 PLD 1
|
| Other Citations |
Yaseen v: State PLD 1983 FSC 53,
Anwarul Haq v. The State PLD 1983 FSC 234,
Shaukat v. The State PLD 1982 FSC 179
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979
|
| Sections |
10(3),
18
|