| Case ID |
0afc3264-da85-4fee-9e50-03e99a3aecf9 |
| Body |
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| Case Number |
Criminal Appeal No. 2(S) of 1984 |
| Decision Date |
May 14, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan, presided over by Justice Muhammad Afzal Zullah and Justices Nasim Hasan Shah, Shafiur Rahman, and Pir Muhammad Karam Shah, partially allowed the appeal in Criminal Appeal No. 2(S) of 1984. The appellant, Muhammad Sharif, was initially convicted under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) by the Federal Shariat Court. The Supreme Court set aside the conviction under section 11, reducing it to section 10(2), indicating that the appellant is liable to Tazir under this section instead. The Court emphasized that section 11 does not permit any sentence less than life imprisonment and ruled that any interpretation allowing for a lesser sentence falls within the Legislature's purview. Consequently, the appellant was acquitted of the charges under section 11 and maintained under section 10(2) with a sentence of 5 years' rigorous imprisonment and a fine of Rs. 5,000, to be compensated to Mst. Shahnaz Bibi. The Court also noted that any further legal arguments regarding conviction under section 10(3) and section 11 were rendered moot by the current judgment. |
| Summary |
In the landmark case Criminal Appeal No. 2(S) of 1984, the Supreme Court of Pakistan delivered a pivotal judgment on May 14, 1985, concerning the enforcement of the Hudood Ordinances under the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979). The appellant, Muhammad Sharif, was initially convicted by the Federal Shariat Court under sections 10 and 11, which pertain to severe penalties for crimes related to Zina. The Supreme Court, comprising Justice Muhammad Afzal Zullah, Justice Nasim Hasan Shah, Justice Shafiur Rahman, and Justice Pir Muhammad Karam Shah, scrutinized the legal provisions and the evidence presented.
The prosecution, represented by Advocate Arif Iqbal Hussain Bhatti, alleged that the prosecutrix, Mst. Shahnaz Bibi, had been coerced into illicit relations with the appellant. However, under cross-examination, inconsistencies emerged regarding her prolonged silence and lack of immediate protest, raising doubts about the extent of coercion. The Court highlighted that the legal framework of sections 10, 12, and 13 supports stringent penalties, and section 11 unequivocally mandates life imprisonment without scope for lesser sentences. The defense, led by Advocate Rao M. Yousr f Khan, contended procedural discrepancies and the inapplicability of section 11's harsh penalties under the circumstances presented.
Upon careful deliberation, the Supreme Court partially allowed the appeal, setting aside the conviction under section 11 and downgrading it to section 10(2), which entails Tazir rather than the harsher Hudood penalties. The judgment underscored the legislative intent behind the Ordinance, reinforcing that judicial interpretations should align strictly with statutory language unless clear legislative amendments suggest otherwise. This decision not only modified the appellant's sentence to 5 years' rigorous imprisonment and a fine but also emphasized the judiciary's role in upholding legislative provisions without overstepping boundaries.
The case underscores significant aspects of Pakistan's legal landscape, particularly the interplay between judiciary interpretations and legislative directives concerning Hudood laws. It highlights the necessity for clear statutory language and the judiciary's restraint in modifying legislative penalties. This judgment is a reference point for future cases involving Hudood Ordinances, ensuring that the courts maintain fidelity to legislative intent while safeguarding judicial integrity. The involvement of key legal figures and the detailed examination of evidence and statutory interpretation make this case a cornerstone in Pakistani criminal jurisprudence, reflecting the delicate balance between law enforcement and individual rights within the framework of Sharia-based legislation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Muhammad Boota,
Mst. Shahnaz Bibi,
Muhammad Sharif son of Faqir Muhammad,
Muhammad Sharif son of Jamal Din,
Mst. Begum
|
| Judges |
JUSTICE MUHAMMAD AFZAL ZULLAH,
JUSTICE NASIM HASAN SHAH,
JUSTICE SHAFIUR RAHMAN,
JUSTICE PIR MUHAMMAD KARAM SHAH
|
| Lawyers |
Arif Iqbal Hussain Bhatti, Advocate Supreme Court for Appellant,
Rao M. Yousr f Khan, Advocate-on-Record for the State
|
| Petitioners |
MUHAMMAD SHARIF
|
| Respondents |
THE STATE
|
| Citations |
1985 SLD 259,
1985 PLD 319
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)
|
| Sections |
10,
10(2),
10(3),
11,
12,
13
|