Legal Case Summary

Case Details
Case ID 67c9a751-7699-4acc-ac2b-8f52e93fc93b
Body View case body.
Case Number Jail Petition No. 15(S) & 16(S) of 2003
Decision Date Oct 30, 2006
Hearing Date
Decision The Supreme Court of Pakistan refused leave to appeal in the case, affirming the conviction and sentence recorded against the accused by the trial court. The appeal was dismissed with a modification concerning the reduction of the sentence. The Court found that the Federal Shariat Court had thoroughly appreciated the evidence, which was overwhelming against the accused. The petitioners failed to demonstrate any justification for reappraisal of the evidence, and the Court emphasized that it does not typically interfere with concurrent conclusions reached by lower courts unless there are significant legal principles not followed. As such, the Supreme Court upheld the findings of the lower courts and dismissed the petitions.
Summary This case revolves around the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, where the Supreme Court of Pakistan assessed the appeal against the conviction of the petitioners for abduction and unnatural offenses. The Court highlighted that there is no mandatory requirement for corroboration of the prosecutrix's statement in rape cases, consistent with established legal principles. The evidence presented, including testimonies from the victim and her family, was deemed credible and supported by medical evidence, leading to a conviction upheld by the Court. The case reinforces the legal standards regarding evidence in sexual offense cases in Pakistan and the judiciary's reluctance to overturn lower court decisions without substantial justification. The decision contributes to the discourse on the enforcement of Hudood laws and the standards of evidence required in such cases.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges JAVED IQBAL, SARDAR MUHAMMAD RAZA KHAN, DR. RASHID AHMED, JULLUNDHARI
Lawyers Mr. Fazal Karim Butt
Petitioners GUL NOOR, DAD KHAN
Respondents STATE
Citations 2007 SLD 3321, 2007 PLJ 419
Other Citations PLD 1960 SC (Pak.) 325, 1985 SCMR 128, 1986 SCMR 35, 1984 SCMR 54, PLD 1973 SC 469
Laws Involved Offence of Zina (Enforcement of Hudood) Ordinance, 1979, Constitution of Pakistan, 1973
Sections 11, 203F(2B)