Legal Case Summary

Case Details
Case ID d5dca3c2-fa1d-401d-b783-4ac19212110b
Body View case body.
Case Number Jail Crl. As. Nos. 26/1 & 32/1 of 2002
Decision Date Jun 17, 2003
Hearing Date Mar 17, 2003
Decision The court allowed the appeals of Shahid Iqbal and Mst. Shahida Parveen, setting aside their convictions and sentences under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The decision emphasized the lack of credible evidence, highlighting the significant delay in the lodging of the FIR, absence of eye-witnesses, and no medico-legal report to substantiate the allegations. The court found the reasons for the delay in reporting to the police implausible and noted that the prosecution failed to prove its case beyond a reasonable doubt, leading to an acquittal.
Summary The case revolves around the appeals filed by Shahid Iqbal and Mst. Shahida Parveen against their conviction under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The court critically analyzed the prosecution's evidence, including the delay in filing the FIR, which was lodged 11 days post-incident. The court noted that the complainant had been informed of the alleged abduction on the same day, yet failed to report it to the police promptly. The absence of any eyewitnesses and lack of a medico-legal report further weakened the prosecution's case. The court concluded that the evidence presented was insufficient to sustain the convictions, thus allowing the appeals and acquitting the appellants. The judgment underscores the importance of timely reporting and credible evidence in criminal cases, particularly those involving serious allegations under the Hudood Ordinances, which govern offenses like zina in Pakistan.
Court Federal Shariat Court
Entities Involved Not available
Judges DR. FLDA MUHAMMAD KHAN, J.
Lawyers Syed Muzahir Naqvi, Mr. Shabbir Alam, Mr. Nadeem Mukhtar Chaudhry
Petitioners SHAHID IQBAL, Mst. Shahida Parveen
Respondents STATE
Citations 2004 SLD 3822, 2004 PLJ 172
Other Citations Not available
Laws Involved Offence of Zina (Enforcement of Hudood) Ordinance, 1979
Sections 10(2)