| Case ID |
0b0a3375-b76b-4d12-bf80-eb0d25929839 |
| Body |
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| Case Number |
Criminal Miscellaneous Nos. 1227, 1231, 1232, 1242 |
| Decision Date |
Sep 25, 2000 |
| Hearing Date |
|
| Decision |
The court considered the allegations against the accused-petitioners who were found in a guest house, engaged in kissing and embracing. The court ruled that such actions do not constitute an attempt to commit Zina, as mere intention is not punishable under the law. The evidence presented did not prove any practical act of Zina, leading to the conclusion that further inquiry was needed. The court admitted the accused to bail, noting that the involvement of the manager of the guest house was not established. The court highlighted the lack of independent witness statements and medical examination of the women found in the guest house, questioning the prosecution's case against the accused. |
| Summary |
This case revolves around a bail application submitted by accused-petitioners who were arrested in a guest house for allegedly engaging in inappropriate behavior. The court examined the allegations under various laws including the Criminal Procedure Code, the Offence of Qazf Ordinance, and the Penal Code. It concluded that the evidence did not substantiate claims of Zina, as the actions of the accused were deemed insufficient to warrant charges under the relevant laws. The court emphasized the importance of concrete evidence and further inquiry, ultimately granting bail to the accused. This case illustrates the legal nuances surrounding allegations of Zina and the necessity for substantial proof in criminal proceedings. Keywords include bail application, Zina, criminal proceedings, evidence, legal inquiry, enhancing legal understanding, and judicial scrutiny. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Talat Qayum Qureshi, J
|
| Lawyers |
Pir Fida Muhammad Khan,
Abdur Rauf Gandapur
|
| Petitioners |
Mst. Shakeela
|
| Respondents |
The State
|
| Citations |
2001 SLD 847,
2001 PCRLJ 43
|
| Other Citations |
1998 PCr.LJ 2321
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979,
Penal Code (XLV of 1860)
|
| Sections |
497,
10,
18,
294
|