| Case ID |
30bfacbd-09df-48ff-9f20-ff42b92d961a |
| Body |
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| Case Number |
Criminal Appeal No. 4 (S) of 1993 |
| Decision Date |
Apr 17, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal of Muhammad Sadiq, setting aside his conviction and sentence. The court found that the evidence presented was insufficient to uphold the conviction, particularly as the main witness had been deemed unreliable. The court concluded that without additional independent evidence, the conviction could not be sustained, resulting in the acquittal of Muhammad Sadiq. The court emphasized the necessity for credible evidence in cases of such serious allegations. |
| Summary |
This case revolves around the conviction of Muhammad Sadiq for the alleged offence of Zina bil Jabr under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The Supreme Court of Pakistan reviewed the case after an appeal was filed following the dismissal of his previous appeal by the Federal Shariat Court. Key points of the case included the credibility of the prosecutrix, Mst. Shagufta Parveen, who was found to be a woman of easy virtue and her testimony was deemed unreliable. The court scrutinized the evidence, which included medical reports that did not support the occurrence of sexual intercourse. Ultimately, the court ruled that the conviction could not be maintained based solely on the prosecutrix's statement, leading to the acquittal of the appellant. This case highlights the importance of reliable evidence in sexual offence cases and sets a precedent for future similar cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR KHAN,
MIR HAZAR KHAN KHOSO,
MAULANA MUHAMMAD TAQI USMANI
|
| Lawyers |
Raja Abdul Ghafur
|
| Petitioners |
MUHAMMAD SADIQ
|
| Respondents |
THE STATE
|
| Citations |
1995 SLD 364,
1995 SCMR 1403
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979,
Constitution of Pakistan, 1973,
Offence of Zina (Enforcement of Hudood) Ordinance, 1979
|
| Sections |
10(2),
203F(2-B),
10(2)
|