| Case ID |
ecf70b00-049a-4c3c-9fd9-90df40e7cd1a |
| Body |
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| Case Number |
Crl.A. No. 328-L of 2002 |
| Decision Date |
Jan 06, 2005 |
| Hearing Date |
Jan 06, 2005 |
| Decision |
The appeal was directed against the conviction and sentence of imprisonment awarded to the appellant, Ibrar Hussain, for the offence of zina under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The court found that the prosecution had successfully proven its case beyond reasonable doubt, highlighting that the appellant's statement was unclear and lent support to the prosecution's case. The victim's testimony was corroborated by medical evidence. The appellant's defense was weak, lacking substantial evidence to contradict the prosecution. The court upheld the conviction and withdrew the benefit of Section 382-B of the Criminal Procedure Code, concluding that the sentence was commensurate with the gravity of the crime. |
| Summary |
The case revolves around the conviction of Ibrar Hussain under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, where he was accused of committing zina with a minor girl, Mst. Tahira. The victim, who suffered from hysterical fits, was taken to the appellant for treatment under the guise of spiritual healing. Instead, it was revealed that he had exploited her vulnerability, committing repeated acts of sexual violence over a period of 2.5 months. The case highlighted serious issues regarding the exploitation of individuals under the pretense of spiritual healing, a growing concern in society. The court emphasized the need for stronger legislation against such predatory behaviors. This judgment serves as a critical reminder of the legal system's role in protecting vulnerable individuals and the necessity for stringent laws against sexual offenses. The court's decision to withdraw the appellant's benefit under Section 382-B reflects the severity of the crime and the judicial system's commitment to justice. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
Saeed-ur-Rehman Farrukh,
Zafar Pasha Chaudhry
|
| Lawyers |
Mian Muhammad Saeed,
Raja Akhtar Nawaz
|
| Petitioners |
IBRAR HUSSAIN
|
| Respondents |
STATE
|
| Citations |
2005 SLD 3853,
2005 PLJ 147
|
| Other Citations |
PLD 1997 SCMR 55,
1995 PSC (Crl.) 830
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979,
Criminal Procedure Code (V of 1898)
|
| Sections |
10(3),
342
|