| Case ID |
5c7b54f8-691f-4453-9fb2-ff31692e5837 |
| Body |
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| Case Number |
Criminal Appeals Nos. 31/P, 32/P of 2006 |
| Decision Date |
Jan 23, 2013 |
| Hearing Date |
|
| Decision |
The Federal Shariat Court reviewed the convictions of Mst. Shash Begum, Mst. Khatima, and Malik Aman under section 500 of the Penal Code. It found that the essential elements required for a conviction of defamation were not met as the accused did not have the mens rea or intention to harm the complainant's reputation. The court noted that the accusations made by the appellants were in the context of seeking redress for their grievances regarding maintenance and other rights. Consequently, the court set aside the trial court's judgment, allowing the appeals filed by the appellants and dismissing the complainant's petitions and revisions. |
| Summary |
This case revolves around the accusations of defamation and qazf made against Mst. Shash Begum, Mst. Khatima, and Malik Aman by Bashir Ullah. The Federal Shariat Court examined the details of the trials held at the lower court, where the appellants were convicted under section 500 of the Penal Code. The court emphasized the importance of intention in the crime of defamation, stating that the appellants' actions were motivated by their pursuit of justice regarding their rights rather than a desire to harm the complainant's reputation. The court found that the necessary legal requirements for imposing punishment under the Offence of Qazf Ordinance were not met, as the complainant failed to provide adequate evidence to support his claims. The decision of the trial court was thus set aside, and the appeals were allowed, highlighting the significance of legal rights and protections in defamation cases. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
Rizwan Ali Dodani,
Sheikh Ahmad Farooq
|
| Lawyers |
Gul Nazir Azam,
Ahmed Saleem,
Aziz-ur-Rehman
|
| Petitioners |
Mst. Shash Begum,
Mst. Khatima,
Malik Aman
|
| Respondents |
Bashir Ullah
|
| Citations |
2013 SLD 2363,
2013 PCRLJ 1737
|
| Other Citations |
PLD 2001 Kar. 115
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Penal Code (XLV of 1860),
Offence of Qazf (Enforcement of Hadd) Ordinance (VII of 1979),
Criminal Procedure Code (V of 1898)
|
| Sections |
117,
500,
499,
3,
5,
6,
164
|