| Case ID |
30872c32-1089-4cc0-8e86-ea9d12ad38d1 |
| Body |
View case body. Login to View |
| Case Number |
Crl. P. No. 18(s) of 2005 |
| Decision Date |
Nov 15, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the conviction and sentence of the petitioner, Abdul Ghaffar, reaffirming the trial court's decision. The court noted that the victim's statement was corroborated by material evidence, and no irregularity was found in the appreciation of evidence. The punishment was reduced from 25 years to 15 years, considering the appeal's merits. The court emphasized that it does not typically reappraise evidence unless there is a substantial departure from legal principles, which was not the case here. The evidence presented was deemed reliable, and the conviction was upheld. |
| Summary |
In the case of Abdul Ghaffar vs. State, the Supreme Court of Pakistan dealt with a serious charge under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The case revolved around the allegations made by the victim, Mst. Maryam Ashraf, who claimed that she was subjected to Zina-e-Bil-Jabr by her step-brother, Abdul Ghaffar, with the complicity of her step-mother, Mst. Gul Zareen. The court highlighted the importance of corroborative evidence, which was provided by medical examinations confirming the victim's account. The decision underscored the principle that the credibility of the victim's testimony is paramount, especially when supported by forensic evidence. The court ultimately upheld the conviction, reducing the sentence based on considerations of justice and fairness, emphasizing that the legal process must be respected and upheld. This case is significant for its implications on the enforcement of Hudood laws in Pakistan, the treatment of victims in sexual assault cases, and the judicial standards for evaluating evidence in such sensitive matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL (CHAIRMAN),
SARDAR MUHAMMAD RAZA KHAN,
CH. IJAZ AHMED,
DR. ALLAMA KHALID MAHMUD,
RASHID AHMED JULLUNDHARI
|
| Lawyers |
Mr. Arshad Ali Chaudhry, ASC for Petitioner
|
| Petitioners |
ABDUL GHAFFAR
|
| Respondents |
STATE
|
| Citations |
2007 SLD 3382,
2007 PLJ 716
|
| Other Citations |
PLD 1965 SC 111,
1971 SCMR 31,
19 DLR (SC) 177,
16 DLR (SC) 330,
PLD 1961 SC 609,
1962 (1) PSCR 243,
PLD 1951 FC 140,
AIR 1958 SC 953,
AIR 1956 SC 241,
AIR 1955 SC 322,
PLD 1951 FC 41,
1951 FC 78,
PLD 1953 FC 317,
PLD 1955 FC 378,
PLD 1951 FC 1
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979,
Constitution of Pakistan, 1973
|
| Sections |
10,
203-F
|