| Case ID |
f8be3d16-ac81-42b0-936b-a2013c0a3382 |
| Body |
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| Case Number |
Criminal Appeals Nos. 14(S) and 15(S) of 2005 |
| Decision Date |
Nov 15, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeals of the accused, Ibrar Hussain and others, and set aside their convictions under sections 10(4) and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The Court found that the evidence provided by the victim contained significant contradictions and discrepancies, leading to a lack of credibility. The Court emphasized that in cases of rape, the testimony of the victim must inspire confidence, and the principles of benefit of doubt were not properly applied by the lower courts. The Court concluded that the findings of the Federal Shariat Court and the trial Court were not sustainable in law, resulting in a miscarriage of justice. The accused were acquitted of the charges and ordered to be released if not involved in any other criminal case. |
| Summary |
In the case of Criminal Appeals Nos. 14(S) and 15(S) of 2005, the Supreme Court of Pakistan addressed serious concerns regarding the application of justice in cases involving the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The accused, Ibrar Hussain and others, were originally convicted based on the testimony of the victim, Mst. Rashidan, who had made multiple contradictory statements throughout the legal proceedings. The Supreme Court scrutinized the evidence presented, highlighting that the victim's statements were not consistent with each other and lacked corroboration from other sources. The Court noted that the principle of 'benefit of doubt' must always favor the accused, especially when the evidence is not compelling. The Supreme Court's ruling reinstated the importance of credible testimony in sexual assault cases and called for careful consideration of evidence to prevent miscarriages of justice. This case sets a critical precedent for future trials involving similar offenses, emphasizing the need for a fair assessment of all evidence before reaching a verdict. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE JAVED IQBAL,
JUSTICES SARDAR MUHAMMAD RAZA KHAN,
CH. IJAZ AHMED,
DR. ALLAMA KHALID MEHMOOD,
ALLAMA RASHID AHMED JULLUNDHARI
|
| Lawyers |
Syed Zulfiqar Abbas, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record,
Sardar Manzoor Ahmed, Advocate Supreme Court,
Mian Bashir Ahmed Bhatti, Advocate Supreme Court,
Muhammad Masood Chishti, Advocate Supreme Court,
Ch. Mushtaq Ahmed Khan, Prosecutor General, Punjab,
Ch. Munir Sadiq, Deputy Prosecutor General, Punjab
|
| Petitioners |
IBRAR HUSSAIN,
Haqnawaz Muhammad Siddique
|
| Respondents |
THE STATE
|
| Citations |
2007 SLD 552,
2007 SCMR 605
|
| Other Citations |
Muhammad Shafique Ahmad's case PLD 1981 SC 472,
Tariq Pervez's case 1995 SCMR 1345,
Ghulam Ali's case PLD 1986 SC 741,
Khudadad's case 2004 SCMR 425
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance, 1979
|
| Sections |
10(4),
11
|