Mst. RAUF SIDDIQUE vs THE STATE
This petition was filed by the petitioner seeking pre-arrest bail in a case registered under Sections 11 and 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, which was subsequently substituted with Section 10(2) of the Ordinance. The case originated from the petitioner's own statement to the police, wherein she alleged she was a victim of abduction and rape. However, she was subsequently arrayed as an accused. The core legal question was whether a statement or confession made by an accused to a police officer could be used as evidence against them to deny bail. The Lahore High Court held that under Article 38 of the Qanun-e-Shahadat, 1984, no confession made to a police officer can be proved against an accused person. Finding no other evidence of the commission of Zina by the petitioner, the Court confirmed the ad-interim pre-arrest bail.
- Can a confession or statement made by an accused to a police officer be used as evidence against them under Pakistani law?
- Whether pre-arrest bail can be granted and confirmed where the only incriminating material against the accused is their own statement to the police?
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10(3), Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10(2), Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Article 38, Qanun-e-Shahadat 1984
ORDER
' The petitioner has sought her pre-arrest bail in case F.I.R. No.116 registered at Police Station Liaqatpur on 14-4-2003 for an offence under sections 11/10 (3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. During investigation section 10(3) was deleted and substituted by section 10(2) of the Ordinance.
2. The case was registered on the statement of petitioner herself wherein she had stated that on First of Moharram-ul-Haraam i.e. 5-3-2003 she accompanied Mst. Hajra Bibi and Muhammad Shafi as they A had informed her that her father was admitted in Feroza Hospital,. Mst. Hajra and Muhammad Shafi took the complainant to the house of Muhammad Yaqoob and Muhammad Riaz who allegedly committed Zina-bil-Jabar with the complainant. Thereafter one Zahoor Ahmad abducted the petitioner-complainant and took her to Sahiwal where he kept her for a month and had been committing Zina with her. The petitioner returned to the house of her parents and after ten days reported the matter to police.
3. I have heard the learned counsel for the parties and have also gone through the record. It has been conceded by the learned counsel appearing on behalf of the State after going through the relevant case diary that except for her own statement no other witness has stated about the commission of Zina by the petitioner. The statement of the petitioner/FIR. Was made before a police officer, therefore, it cannot be used against her. In view of Article 38 of Qanun-e-Shahadat, 1984 no confession made to a police officer shall be proved as against a person accused of any offence. In this view of the matter the ad interim pre-arrest bail already granted to the petitioner vide order dated 2-9-2003 is confirmed subject to her furnishing fresh bail bond in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of Trial Court within a week.
Pre-arrest .