MUHAMMAD BASHIR Versus State
This jail petition before the Supreme Court of Pakistan was directed against a judgment of the Federal Shariat Court, which had upheld the convictions and sentences awarded to the petitioners by the Additional Sessions Judge, Faisalabad. The prosecution case was that the petitioners abducted a woman and her grandmother, whereafter petitioner Muhammad Bashir murdered the grandmother upon her intervention, and petitioner Muhammad Latif committed forcible Zina with the woman. The trial court convicted Muhammad Bashir under Section 302(b), Pakistan Penal Code 1860, sentencing him to death, while Muhammad Latif was convicted under Section 302(c), Pakistan Penal Code 1860, and Section 10(3), Offence of Zina (Enforcement of Hudood) Ordinance 1979. The Federal Shariat Court affirmed the convictions and sentences. Upon perusing the entire evidence with the assistance of defense counsel, the Supreme Court found no ground for interference with the lower courts' findings. The Supreme Court dismissed the jail petition and upheld the convictions and sentences.
- Whether the Supreme Court should interfere with concurrent findings of conviction and sentencing by the trial court and the Federal Shariat Court when supported by evidence?
- Section 302(b), Pakistan Penal Code 1860
- Section 302(c), Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 10(3), Offence of Zina (Enforcement of Hudood) Ordinance 1979
DR. ALLAMA KHALID MEHMOOD (MEMBER).--- This jail petition is directed against the judgment, dated 19-2-2004, passed by the Federal Shariat Court, whereby the learned Federal Shariat Court upheld the judgment of the trial Court, dated 30-11-1995, passed by the learned Additional Sessions Judge, Faisalabad against the accused Muhammad Bashir under section 302(b), P.P.C. and under section 544-A, Cr.P.C. and the accused Muhammad Latif under section 302(c), P.P.C. and under section 544-A, Cr.P.C. Muhammad Latif is also convicted under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The case of the prosecution is that Mst. Ishrat along with her maternal grandmother Allah Rakhi was going to visit her elder sister in Ghakhar Mandi. The two accused abducted them and they took them to Chak Jhumra with the intention to rape Mst. Ishrat. When Muhammad Latif made sexual assault to forcibly commit Zina with her, the grandmother of Ishrat intervened and Muhammad Bashir murdered her and then he committed Zina-bil-Jabr with Mst. Ishrat.
3. The prosecution is fully successful in proving of her case and the learned Additional Sessions Judge, Faisalabad sentenced Muhammad Bashir accused under section 302(b) to death and twenty thousand rupees to the legal heirs of the deceased Mst. Allah Rakhi as compensation. The learned Sessions Judge sentenced Muhammad Latif, the accused to 25 years' R.I. under section 302(c). He is also convicted to 25 years' R.I. under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and to pay the victim a compensation of fifteen thousand rupees. The accused then appealed in the honourable Federal Shariat Court and a Full Bench heard and examined the case. The learned Court found no point of any interference in the judgment of the trial Court and they upheld and maintained the sentences awarded to the two appellants. Murder reference is answered in affirmative. The petitioners then filed a jail petition in this Court through Superintendent Central Jail, Faisalabad. Mr. M. Zaman Bhatti, Advocate Supreme Court appeared for the petitioners and none appeared on behalf of the State.
4. We have perused the entire evidence with eminent assistance of the counsel and we find no point allowing any interference in the judgment of the learned Federal Shariat Court. Hence this jail petition is dismissed and the sentences awarded to the two accused are upheld and maintained.
H.B.T./M-60/SC ????????????????????????????????????????????????????????????????????????????????? Petition dismissed.