| Case ID |
67a32067-8c7b-464a-9f97-bbb260d94d04 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition for Leave to Appeal No.23(S) of |
| Decision Date |
Apr 24, 1995 |
| Hearing Date |
Apr 24, 1995 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Mulazam Hussain against his conviction for Zina-bil-Jabr. The court upheld the previous judgments of the Sessions Judge and the Federal Shariat Court, emphasizing that the delay in lodging the FIR was reasonably explained. The court found that partial penetration was sufficient to constitute the offence of Zina-bil-Jabr, and the evidence presented by the prosecution was credible and sufficient to sustain the conviction. The petition was dismissed on the grounds that there was no merit in the appeal. |
| Summary |
In the case of Mulazam Hussain vs. The State, the Supreme Court of Pakistan dealt with a petition for leave to appeal regarding a conviction under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The petitioner, Mulazam Hussain, was convicted for Zina-bil-Jabr, with the trial court imposing a sentence of ten years rigorous imprisonment and thirty stripes. The key issues addressed included the delay in filing the FIR and the sufficiency of evidence regarding the act of Zina. The court ruled that even partial penetration was enough to constitute the offence, thereby reinforcing the legal standards set forth in the Hudood Ordinances. The ruling highlights the complexities of sexual offence laws in Pakistan, particularly under the Hudood Ordinance, and the significance of timely reporting of such crimes. This case serves as a crucial reference point in discussions surrounding women's rights and legal protections in Pakistan, as well as the judicial interpretation of sexual offences under Islamic law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR KHAN,
MIR HAZAR KHAN KHOSO,
MAULANA MUHAMMAD TAQI USMANI
|
| Lawyers |
Sh. M. Naeem
|
| Petitioners |
MULAZAM HUSSAIN
|
| Respondents |
THE STATE
|
| Citations |
1998 SLD 670,
1998 SCMR 1206
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979,
Constitution of Pakistan, 1973
|
| Sections |
10(3),
203-F(2B)
|