| Case ID |
43a029c6-162f-4cad-9373-31549168a0cc |
| Body |
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| Case Number |
Criminal Appeal No. 179-L of 2003 |
| Decision Date |
May 27, 2004 |
| Hearing Date |
May 25, 2004 |
| Decision |
The appellant was convicted under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and sentenced to ten years' rigorous imprisonment (R.I.) with a fine of Rs.25,000 or in default to undergo two years' R.I. He was further convicted under section 377 of the Pakistan Penal Code and sentenced to ten years' R.I. plus a fine of Rs.25,000 or in default to undergo two years' R.I. Both sentences were to run concurrently. The appeal was dismissed, but the substantive sentences were reduced from ten years to seven years, and the fine was reduced from Rs.25,000 to Rs.12,000 on each count, with the amount of fine, if recovered, to be paid to the victim as compensation. |
| Summary |
The case revolves around the conviction of ISHTIAQ ALIAS SHAQU for the heinous crime of sodomy against a minor, Waqas Ahmad, aged about 11 years. The conviction was based on the solid testimony of the victim, corroborated by the complainant, Muhammad Siddique, who was the grandfather of the victim. The court found the evidence presented by the prosecution compelling, including the medical examination that confirmed the sexual assault. The defense attempted to impeach the character of the complainant by labeling him a habitual litigant, but the court dismissed these claims due to lack of evidence. The appeal against the conviction was ultimately dismissed, though the sentences were modified to reflect a more just punishment. This case highlights issues of child protection, the seriousness of sexual offenses, and the judicial process in handling sensitive cases involving minors. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
SAEED-UR-REHMAN FARRUKH, JUSTICE
|
| Lawyers |
Mazhar Hussain Tahir,
Ch. Mumtaz Ahmad Bharwana,
Raja Abdul Rehman,
Miss Anila Bano
|
| Petitioners |
ISHTIAQ ALIAS SHAQU
|
| Respondents |
THE State
|
| Citations |
2006 SLD 3797,
2006 PCRLJ 790
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979,
Penal Code (XLV of 1860)
|
| Sections |
12,
377
|