| Case ID |
f86d0383-7976-4741-98fd-66cefe752a59 |
| Body |
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| Case Number |
Criminal Acquittal Appeal No. 15 of 2003 |
| Decision Date |
Jul 24, 2003 |
| Hearing Date |
|
| Decision |
The High Court set aside the judgment of the Sessions Judge and remanded the case for adjudication on merits. The appeal was allowed on the grounds that the complainant was deemed competent to file the complaint as per the amended rules under the Muslim Family Laws Ordinance. |
| Summary |
In the case of MST. SALMA vs. ZAMIR AHMAD HUSSAIN AND ANOTHER, the Sindh High Court dealt with an acquittal appeal where the appellant, MST. SALMA, contested the Sessions Judge's decision to acquit the accused based solely on the complainant's competency. The court concluded that the earlier ruling should be set aside, emphasizing the importance of adjudicating the case on its merits. The appeal was remanded to the Sessions Judge for fresh consideration, highlighting procedural adherence to the Muslim Family Laws Ordinance. This case underscores the significance of legal representation and the evolving interpretation of family law in Pakistan, aiming to ensure justice and the rights of aggrieved parties. Keywords: Sindh High Court, Criminal Procedure Code, Muslim Family Laws Ordinance, acquittal appeal, legal representation, family law rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ROSHAN ESSANI
|
| Lawyers |
Abdul Qadir Shaikh,
Ghulam Sarwar Korai,
Ghulam Dastagir Shahani
|
| Petitioners |
MST. SALMA
|
| Respondents |
ANOTHER,
ZAMIR AHMAD HUSSAIN
|
| Citations |
2004 SLD 2895,
2004 PCRLJ 278
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Muslim Family Laws Ordinance (VIII of 1961)
|
| Sections |
417,
6
|