Legal Case Summary

Case Details
Case ID 466fa6b9-f4aa-4a3b-a861-141c9593f616
Body View case body.
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