Legal Case Summary

Case Details
Case ID 20a876ce-bcba-44f2-bfa1-e311faf98691
Body View case body.
Case Number Criminal Revision No. 10/I of 2009
Decision Date May 17, 2013
Hearing Date May 08, 2013
Decision The petitioners challenged the order dated November 3, 2009, which dismissed their private complaint against the respondents under the Offence of Qazf Ordinance. The court found that the allegations made by the petitioners lacked sufficient evidence and clarity. The application for exhumation and DNA testing by the respondents was dismissed for non-prosecution and was not pursued thereafter. The court emphasized the importance of establishing guilt beyond reasonable doubt, especially in cases involving Hadd punishments. It was determined that no supportive evidence was presented by the respondents, and the application was shrouded in mystery due to the lack of corroborating witnesses. Consequently, the court dismissed the revision petition, affirming that the order was neither arbitrary nor legally flawed.
Summary This case revolves around the application of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, and its implications regarding allegations of false accusations and the need for substantial evidence in legal proceedings. The court addressed the significance of the benefit of the doubt in Islamic law, particularly in cases where Hadd punishments are concerned. The ruling highlighted the necessity for credible witnesses and the requirement that claims must be substantiated thoroughly to avoid unjust penalization. The case reflects ongoing discussions in legal circles about the intersection of law, morality, and procedural justice, particularly in sensitive family matters and inheritance disputes. The decision underscores the importance of due process and the legal principle that the burden of proof lies with the accuser, ensuring that justice prevails without compromising fundamental rights.
Court Federal Shariat Court
Entities Involved Not available
Judges DR. FIDA MUHAMMAD KHAN, J
Lawyers Muhammad Asif Chaudhry, Sardar Asmatullah Khan, Ch. Muhammad Uffan Iftikhar, Syed Hassan Abbas, Dr. Muhammad Anwar Gondal
Petitioners Mst. GULZAR BEGUM, Fazal Habib Yaqoob, Haseeb Yaqoob
Respondents Mst. SALEEM AKHTAR, Mst. SAJIDA YAQOOB, Mst. ABIDA YAQOOB, Mst. SHAGUFTA YAQOOB, Mst. ANUM HABIB, Mst. ALISHA HABIB
Citations 2013 SLD 502, 2013 PCRLJ 1508
Other Citations Not available
Laws Involved Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, Criminal Procedure Code (V of 1898), Protection of Women (Criminal Laws Amendment) Act, 2006
Sections 6, 202, Preamble