| Case ID |
d5dca3c2-fa1d-401d-b783-4ac19212110b |
| Body |
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| 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)
|