| Case ID |
2de2ffd4-8110-429b-b6a4-69c77862ab56 |
| Body |
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| Case Number |
Criminal Shariat Petition No. K-7 of 1985 |
| Decision Date |
Aug 18, 1985 |
| Hearing Date |
Aug 18, 1985 |
| Decision |
The petitioner's conviction and sentencing were upheld by the Supreme Court of Pakistan. The petitioner was found guilty of committing sodomy against a minor girl, with substantial evidence supporting the victim's testimony and corroborating witness statements. The Court dismissed the arguments regarding the use of the term 'Zina' instead of 'sodomy', emphasizing that both terms imply illicit sexual conduct. The appeal for reconsideration of the alibi was also rejected due to insufficient evidence to substantiate the claim. The decision reinforced the legal standards for evidence in such sensitive cases, ensuring justice for the victim. |
| Summary |
In this significant case, the Supreme Court of Pakistan addressed the grave matter of sexual offenses against minors, specifically sodomy, under the Offence of Zina (Enforcement of Hudood) Ordinance. The case involved a young girl, approximately 7-8 years old, who was assaulted by a neighbor. The court analyzed the evidentiary standards required for conviction, particularly focusing on the victim's testimony and the corroborative accounts from witnesses, including the victim's father. The decision highlighted the importance of understanding terminology used in legal contexts, clarifying that the expression 'Zina' encompasses a broader spectrum of illicit sexual activities, including sodomy. The Court emphasized that the absence of motive for false implication by the victim and her family further strengthened the prosecution's case. Ultimately, the court's ruling served to reinforce the legal protections for vulnerable individuals, particularly minors, in sexual offense cases, ensuring that justice is served and perpetrators are held accountable. This case underscores the critical role of judicial systems in safeguarding the rights of victims and the necessity for stringent legal frameworks to address heinous crimes against children. The decision is a pivotal reference point in Pakistan's legal landscape regarding sexual offenses, setting a precedent for similar cases in the future. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE MUHAMMAD AFZAL ZULLAH,
MUHAMMAD TAQI USMANI
|
| Lawyers |
Usman Ghani Rashid,
Faizanul Haq
|
| Petitioners |
MUHAMMAD SHAFIQ AWAN
|
| Respondents |
THE STATE
|
| Citations |
1986 SLD 562,
1986 SCMR 665
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)
|
| Sections |
203-F,
377,
12
|