| Case ID |
2604c127-4720-404c-8a60-8e96924608a9 |
| 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 appellant, Shaukat Ali, giving him the benefit of doubt and ordered his acquittal. The court found that the prosecution had failed to provide sufficient evidence to prove the allegations of Zina against the appellant. The court noted that the mere fact that the lady involved became pregnant and died shortly after giving birth was not enough to establish the commission of Zina. The burden of proof lay with the prosecution, which did not meet the necessary legal standards in this case. |
| Summary |
This case revolves around the allegations against Shaukat Ali for committing Zina under the Offence of Zina (Enforcement of Hudood) Ordinance. The Supreme Court scrutinized the evidence presented by the prosecution, which failed to establish the commission of the alleged offense beyond a reasonable doubt. The court emphasized that the burden of proof rests with the prosecution, and in this instance, the evidence was insufficient to convict the appellant. This ruling highlights the critical importance of credible evidence in criminal cases, particularly those involving serious charges like Zina. The case underscores the legal principles surrounding the burden of proof and the rights of the accused in the Pakistani legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR,
MIAN SHAKIRULLAH JAN,
RAJA FAYYAZ AHMAD,
DR.ALLAMA KHALID MAHMUD,
DR. RASHID AHMED JULLUNDHARI
|
| Lawyers |
Muhammad Zaman Bhatti
|
| Petitioners |
SHAUKAT ALI
|
| Respondents |
THE STATE
|
| Citations |
2006 SLD 753,
2006 PLD 81
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance,
Constitution of Pakistan
|
| Sections |
10(2),
203-F
|