| Case ID |
67c9a751-7699-4acc-ac2b-8f52e93fc93b |
| Body |
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| 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)
|