| Case ID |
2ca18af5-5717-45f7-b1f8-7dd7e0c0002e |
| Body |
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| Case Number |
Jail Criminal Appeals Nos. 13-K and 18-K of 2002 |
| Decision Date |
May 17, 2002 |
| Hearing Date |
May 17, 2002 |
| Decision |
The Federal Shariat Court reviewed the appeals filed by Mst. Manzooran Bibi and Muhammad Ramzan against their conviction for the offence under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The court found that the evidence presented did not substantiate the claim of Zina-bil-Raza prior to the marriage of the appellants, as the complainant failed to prove that they were living as husband and wife before their Nikah. The court noted that the trial court's judgment was based on presumption rather than concrete evidence. Consequently, the convictions and sentences were overturned, and the appellants were acquitted of all charges, leading to their immediate release from custody. |
| Summary |
This case revolves around the appeals of Mst. Manzooran Bibi and Muhammad Ramzan against their convictions under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The Federal Shariat Court carefully examined the evidence, which included the testimony of the complainant and witnesses, but found it lacking in substantiating the allegations. The court determined that the complainant's claims were based on assumptions rather than factual evidence. The appellants had presented a Nikahnama proving their marriage after the dissolution of Mst. Manzooran's previous marriage. The court emphasized that mere presumptions cannot establish guilt in criminal proceedings. Ultimately, the court ruled in favor of the appellants, highlighting the importance of evidence in legal proceedings. The decision underscores the judiciary's commitment to uphold justice and ensure that convictions are based on solid evidence rather than conjecture. This case is significant as it sets a precedent for future cases involving similar allegations under the Hudood Ordinances, reinforcing the need for clear evidence to support claims of Zina-bil-Raza. |
| Court |
Federal Shariat Court
|
| Entities Involved |
|
| Judges |
ALI MUHAMMAD BALOCH, J
|
| Lawyers |
Mrs. Saleha Naeem Ghazala,
Arshad Lodhi,
Masood Shaher Yar
|
| Petitioners |
,
Mst. MANZOORAN BIBI
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 1212,
2003 PCRLJ 1076
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979,
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)
|
| Sections |
10(2),
16,
10(2),
16
|