| Case ID |
42e236d4-ed10-417c-919b-567b31d5ebf8 |
| Body |
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| Case Number |
Crl. Appeal No. 216/L of 2003 |
| Decision Date |
May 02, 2014 |
| Hearing Date |
|
| Decision |
The Federal Shariat Court upheld the acquittal of the accused Mukhtar Ahmed and Muhammad Amin under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The court found significant gaps in the prosecution's case, including the lack of testimony from the father of the victim, the absence of the victim's clothes as evidence, and the failure to produce the magistrate who recorded the victim's statement. The court noted that the prosecution's delay in lodging the FIR and conducting the medical examination raised serious doubts regarding the credibility of the testimony provided. Ultimately, the court concluded that the prosecution could not establish its case beyond a reasonable doubt, leading to the dismissal of the appeal and upholding the trial court's decision. |
| Summary |
In the case of Mst. Sajida Bibi vs. Mukhtar Ahmed & 2 others, the Federal Shariat Court addressed an appeal regarding the acquittal of the respondents under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The court emphasized the importance of robust evidence in sexual assault cases, highlighting the prosecution's failure to present key witnesses, including the victim's father. The decision scrutinized the timeline of events, particularly the delayed filing of the FIR and medical examination, which cast doubt on the prosecution's narrative. The court also pointed out that the absence of physical evidence, such as the victim's clothes and the lack of corroborating witnesses, significantly weakened the prosecution's case. The ruling underscored the principle that the burden of proof lies with the prosecution, and in this instance, the evidence did not meet the required threshold. This case highlights the critical need for thorough investigations and timely evidence collection to ensure justice in sexual assault cases. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
ALLAMA DR. FIDA MUHAMMAD KHAN,
RIZWAN ALI DODANI
|
| Lawyers |
Mian Muhammad Nawaz, Advocate for Appellant,
Mr. Abdul Waheed Sheikh, Advocate
|
| Petitioners |
Mst. SAJIDA BIBI
|
| Respondents |
Muhammad Amin,
MUKHTAR AHMED
|
| Citations |
2015 SLD 1330,
2015 PLJ 1
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979
|
| Sections |
10(3)
|