MUHAMMAD ASLAM Versus STATE
This matter arises from a petition for leave to appeal filed by Muhammad Aslam against his conviction under the Offence of Zina (Enforcement of Hudood) Ordinance. The petitioner was initially convicted by the Sessions Judge under Section 10 of the said Ordinance for committing zina-bil-jabr with a 12/13-year-old girl, Mst. Azra, and sentenced to 10 years' rigorous imprisonment, stripes, and a fine. On appeal, the Federal Shariat Court modified the conviction to Section 10(2) of the Ordinance, holding that the victim was a consenting party, reduced the imprisonment to five years, increased the stripes, and set aside the fine. The core legal question concerned the propriety of the conviction and the quantum of sentence where the minor victim was a consenting party. The Supreme Court held that the petitioner was rightly convicted of zina with a consenting minor and that the reduced sentence was not excessive, but granted the petitioner the benefit of Section 382-B of the Code of Criminal Procedure 1898 in the computation of his sentence. The petition was otherwise dismissed, establishing the principle regarding sentence computation and the application of Hudood laws in cases involving minor consenting parties.
- Whether a conviction under the Offence of Zina (Enforcement of Hudood) Ordinance is sustainable when the minor victim is found to be a consenting party?
- Can a petitioner be granted the benefit of Section 382-B of the Code of Criminal Procedure 1898 for the computation of sentence in a Hudood case?
- Whether the sentence of stripes and imprisonment awarded under the Offence of Zina (Enforcement of Hudood) Ordinance is excessive under the circumstances?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10(2), Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. NASIM HASAN SHAH, J. Muhammad Aslam, petitioner herein, was con victed by the learned Sessions Judge, Multan by his order dated 25‑11‑1982 under section 10 (2‑sic) of the Offence of Zina (Enforcement of Hudood) Ordi nance for committing zina‑bil jabr with Mst. Azra (a young girl of 12/13 years) and sentenced to 10 years' R. 1. and also awarded punishment of 10 stripes and a fine of Rs. 2,000 (or in default thereof one year R. 1.). The fine was directed to be, paid to Mst. Azra in case of recovery.
2. On appeal before the learned Chief Justice of the Federal Shariat Court, after discussion of entire evidence, he came to the conclusion that Mst. Azra had been carrying on with Muhammad‑ Aslam prior to the incident, which was responsible for the conviction of the latter, and that she was a consenting party thereto. It was because Mst. Rashida, mother of Mst. Azra had surprised them in the act of Zina that this matter had come to light. On this view of the matter, the petitioner was held guilty of an offence under section 10(2) of the Ordinance only and his sentence was reduced to five years' R.
1. However, the number of stripes to be inflicted on him was increased to 20. Since Mst. Azra herself was found to be a consenting party the learned Chief Justice held that she was not eligible to the award of any compensation, Accordingly, the sentence of tine was set aside. The. petitioner, however, feeling still dissatisfied has filed this petition for leave to appeal.
3. After bearing Ch. Akhtar Ali, learned Advocate‑on‑Record for the peti tioner, we are satisfied that Muhammad Aslam did commit zinc with Mst. Azra, a young girl albeit a mere child of 12/13 years, even though this was done with the child's consent and, therefore, he was rightly convicted and the punishment awarded for his misdeed, in all the circumstances, is not excessive 4 At best he can be granted the benefit of the provisions of section 382‑B Cr. P. C. in the matter of computation of sentence. Accordingly, he shat be given the benefit of the provisions of section 382‑B, Cr. P. C. while calcu lating the sentence he has yet to undergo.
4. The result is that this petition, with the above modification, shall stand dismissed.
5. M. Z. M. Petition dismissed.