| Case ID |
0acd4192-f4b5-456c-97fc-df297514ca60 |
| Body |
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| Case Number |
Criminal Appeal No.38(S) of 2003 |
| Decision Date |
Dec 02, 2005 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal of the accused, Shaukat Ali, giving him the benefit of the doubt and ordered his acquittal. The court found that the prosecution had failed to prove the allegation of Zina beyond reasonable doubt. The evidence presented was insufficient, and the court noted that the burden of proof lay with the prosecution. The court highlighted inconsistencies in the testimonies of the witnesses and pointed out that the mere fact of the victim's pregnancy and subsequent death was not enough to establish the commission of Zina. The appeal was allowed, and the accused was ordered to be released if not required in any other case. |
| Summary |
In the landmark case of Shaukat Ali vs. The State, the Supreme Court of Pakistan addressed the critical issues surrounding the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The case revolved around allegations against Shaukat Ali for committing Zina with Mst. Asia, leading to her pregnancy and subsequent death. The prosecution's failure to establish a strong evidentiary basis led to the appeal being allowed, marking a significant moment in the interpretation of Hudood laws. The court emphasized the importance of credible evidence and the fundamental principle that the burden of proof lies with the prosecution. This case underscores the delicate balance between legal standards and societal implications of such serious allegations. It also highlights the need for thorough investigations and fair trials in cases involving sensitive issues like Zina, where the stakes are exceptionally high. The decision is a reminder of the judicial system's role in safeguarding individual rights while addressing allegations of serious offenses. Keywords: Zina, Hudood Ordinance, Supreme Court, legal standards, burden of proof, credible evidence, acquittal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR (CHAIRMAN),
MIAN SHAKIRULLAH JAN,
RAJA FAYYAZ AHMAD,
DR. ALLAMA KHALID MAHMUD,
DR. RASHID AHMED JULLUNDHARI
|
| Lawyers |
Muhammad Zaman Bhatti, Advocate Supreme Court
|
| Petitioners |
SHAUKAT ALI
|
| Respondents |
THE STATE
|
| Citations |
2005 SLD 754,
2005 PLD 81
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979,
Constitution of Pakistan, 1973
|
| Sections |
10(2),
203-F
|