| Case ID |
20a876ce-bcba-44f2-bfa1-e311faf98691 |
| Body |
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| 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
|