| Case ID |
466fa6b9-f4aa-4a3b-a861-141c9593f616 |
| Body |
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| Case Number |
Criminal Appeal No.1150 and Murder Reference No.49 |
| Decision Date |
Sep 03, 2001 |
| Hearing Date |
Sep 03, 2001 |
| Decision |
The appeal was accepted, and the convictions and sentences handed down by the trial court were set aside. The appellants, Muhammad Iqbal and Muhammad Mushtaq, were acquitted of the charges against them due to lack of evidence. The complainant, Mst. Rukhsana Bibi, did not support the prosecution's case, admitting that she had been tutored to make her statement, and there were no eyewitnesses to corroborate her allegations. The medical examination did not provide sufficient evidence to establish the offence, leading to the conclusion that the trial court's conviction was illegal. |
| Summary |
This case revolves around the conviction of two appellants, Muhammad Iqbal and Muhammad Mushtaq, for allegedly committing Zina-bil-Jabr under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The Lahore High Court reviewed the trial court's decision which had sentenced the appellants to death based on the testimony of the complainant, Mst. Rukhsana Bibi. However, during cross-examination, the complainant retracted her allegations, stating that she had been coerced into providing false testimony. The investigating officer also admitted that the occurrence was doubtful. Furthermore, the medical examination revealed no evidence of violence or injury consistent with the allegations. Ultimately, the High Court found that the prosecution failed to establish a case beyond reasonable doubt, leading to the acquittal of the appellants. This case highlights the importance of credible evidence and the need for thorough investigation in sexual assault cases, emphasizing that a mere allegation without substantial proof is insufficient for conviction. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. JAVED BUTTUR,
MIAN MUHAMMAD NAJAM-UZ-ZAMAN
|
| Lawyers |
N.A. Butt,
A.H. Masood
|
| Petitioners |
MUHAMMAD IQBAL,
MUHAMMAD MUSHTAQ
|
| Respondents |
THE STATE
|
| Citations |
2002 SLD 862,
2002 PCRLJ 106
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979
|
| Sections |
10
|