2008 SCMR 1270

ZAFAR Versus State

Citation2008 SCMR 1270

CourtShariat Appellate Jurisdiction

Case No.Criminal Appeal No.67(S) of 2001, out of Jail Petitions Nos.17(S) of 2001

Date2003-12-15

Judge(s)Justice Javed Iqbal Chairman, Justices Tanvir Ahmed Khan, Dr. Allama Khalid Mehmood and Allama Rashid Ahmad Jullundhari, Members

ResultAppeal dismissed

DR. ALLAMA KHALID MEHMOOD (MEMBER).--- F.I.R. No.401 of 1999 in this case was registered on 15-8-1999 under section 10(2), Offence of Zina (Enforcement of Hudood) Ordinance, 1979, (hereinafter referred to as the Ordinance) at Police Station Mochiwala Tehsil and District Jhang. Appellant Zafar was arrested on 5-1-2000 and tried by learned Additional Sessions Judge, Jhang in Hudood Case No.13 of 2000 (Hudood Trial No. 11 of 2001).

2. The appellant was tried under section 10 of the Ordinance and on 17-2-2001 he was found guilty. He was convicted under section 10(3) of the Ordinance. The learned Additional Sessions Judge, Jhang sentenced the appellant to ten years' R.I. along with ten stripes. He was given benefit of section 382-B, Cr.P.C. It was laid necessary that the punishment awarded to the appellant be confirmed by the Federal Shariat Court.

3. Mr. Azam Nazeer Tarar, Advocate lodged an appeal in the Federal Shariat Court against the judgment passed by learned Additional Sessions Judge, Jhang in Criminal Appeal No.65(L) of 2001. Mr. Mazhar Sher Awan, Assistant Advocate-General advocated the State. In the Federal Shariat Court the appeal was instituted on 17-3-2001 and heard on 24-5-2001. The learned Federal Shariat Court while reducing the sentence from ten years to six years' R.I., maintained the punishment of 24-5-2001. The sentence of whipping was set aside and benefit of section 382-B, Cr.P.C. was given.

4. The appellant then lodged an appeal in this Court. It was barred by ten days. However, today it was allowed and heard. Sardar M. Siddique Khan, Advocate Supreme Court appeared for the appellant and Mr. M. Zaman Bhatti, Advocate Supreme Court. advocated the State. The convict committed a grave crime and does not deserve any leniency in this case. The learned Federal Shariat Court has already observed lenient view and reduced the punishment from ten years' R.I. to six years' R.I. We are not convinced with the arguments led by the learned counsel for the appellant to further reduce the sentence. The sentence given by the Federal Shariat Court is maintained and confirmed.

N.H.Q./Z-1/SC Appeal dismissed.