| Case ID |
089b9206-cf61-43c3-a578-23ce1fea3d72 |
| Body |
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| Case Number |
Jail Shariat Petition No.35 of 2005 |
| Decision Date |
Nov 16, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to the accused, Muhammad Siddique, to examine the contentions raised regarding the enmity between the complainant and the accused. The court noted that the existing enmity had not been adequately considered in light of the substantial evidence presented. The court emphasized the need for strong corroboration of the victim's statement, Mst. Sonia Bibi, especially given the circumstances of the alleged occurrence occurring at night, which raised questions regarding identification. The court indicated that these points warranted further consideration and thus granted leave to appeal. |
| Summary |
In the case of Jail Shariat Petition No.35 of 2005, the Supreme Court of Pakistan addressed the critical issues surrounding the Offence of Zina under the Hudood Ordinance and the constitutional provisions under Article 203-F(2B). The decision highlighted the importance of considering enmity between parties in legal proceedings, particularly in sensitive cases like Zina. The court's ruling, delivered by a panel of esteemed justices, underscored the necessity for corroborative evidence in support of victim statements, especially when the events in question transpired during the night, complicating identification. This ruling serves as a significant precedent in ensuring that justice is served with due diligence and thorough examination of all evidence. The case reflects ongoing discussions in Pakistan regarding the enforcement of Hudood laws and their implications on individual rights and societal norms. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE JAVED IQBAL,
JUSTICE SARDAR MUHAMMAD RAZA KHAN,
JUSTICE CH. IJAZ AHMED,
JUSTICE DR. ALLAMA KHALID MEHMOOD,
JUSTICE ALLAMA RASHID AHMED JULLUNDHARI
|
| Lawyers |
Niaz Ahmed Rathore, Advocate Supreme Court
|
| Petitioners |
MUHAMMAD SIDDIQUE
|
| Respondents |
THE STATE
|
| Citations |
2007 SLD 1515,
2007 SCMR 1899
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance,
Constitution of Pakistan
|
| Sections |
VII of 1979,
Art.203-F(2B)
|