WASEEM HASSAN vs The STATE
This petition for leave to appeal arises from the conviction and sentencing of the petitioner under Section 7 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 for committing Zina-bil-jabr. The trial court convicted the petitioner and his co-accused, while acquitting another co-accused. On appeal, the Federal Shariat Court acquitted the co-accused due to his age and lack of maturity, but upheld the conviction of the petitioner based on the consistent testimony of the prosecutrix and corroborating medical evidence. The core legal question before the Supreme Court was whether the appreciation of evidence by the Federal Shariat Court regarding the petitioner's guilt warranted interference. The Supreme Court held that the prosecution successfully established its case beyond doubt through reliable ocular and medical evidence. Consequently, the Court dismissed the petition, affirming the conviction and sentence.
- Whether the testimony of a prosecutrix in a Zina-bil-jabr case requires corroboration when supported by medical evidence?
- Can the Supreme Court interfere with concurrent findings of fact by the lower courts when the guilt is established beyond doubt?
- Whether a juvenile co-accused lacking sexual maturity can be acquitted while maintaining the conviction of another minor accused found physically fit?
- Section 7, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
1. NASIM HASAN SHAH, J.-The petitioner aged IS/16 years along-with Mst. Sharifan., his mother and Muhammad Amin aged 12/13 years, his first cousin, were tried under sections 7 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 for having committed Zina-bil jabr upon Mst.
2. Shamim Akhtar a young girl aged about 12/13 years on the night of 15th September, 1980.
3. The learned trial Court (Sessions Judge, Toba Tek Singh) acquitted Mst. Sharifan of the charges levelled against her by giving her the benefit of doubt. However, the petitioner Wasim Hassan and his cousin Muhammad Amin were found guilty of the charges under section 7 of the Ordinance but not under section 11 thereof. Accordingly, both of them were convicted under section 7 only and sentenced to suffer R. I. For a period of three years each and also to pay a fine of Rs. 5,000 each.
4. Wasim Hassan, petitioner herein, being over 15 years old at the time of the commission of zina-Uil- jabr was also awarded the sentence of whipping numbering 2 stripes only.
5. On the appeal of the convicts before the Federal Shariat Court, a learned Single Judge of the said Court accepted the appeal qua Muhammad Amin who was only 12/13 years old and according to the medical evidence was not "fully mentally and sexually mature to perform sexual intercourse."
6. However, the learned Judge found that so far as the petitioner, Wasim Hassan, was concerned the case of the prosecution qua him was established beyond any shadow of doubt, through the testimony of Mst. Shamim Akhtar, the pro--secutrix, which was duly corroborated by the medical evidence of lady doctor Mrs. Farkhanda Iqbal, who had examined Mst. Shamim Akhtar and found that sexual intercourse had been performed with her and that of Dr. Muhammad Iqbal, who had found the petitioner fit to perform sexual intercourse. Accordingly, his appeal was dismissed. Hence this petition for leave to appeal.
7. We have beard Sh. Hamid Mukhtar, learned counsel for the petitioner, who has taken us through the relevant evidence and also attempted to persuade us that the case, as put forth by the prosecution, may not believed. After having heard learned counsel for the petitioner, perused the available record and considered the submissions of the learned counsel for the petitioner we are, however, satisfied that the view taken by the Federal Shariat Court about the guilt of the petitioner, is correct and requires no interference.
8. This petition, accordingly, fails and is dismissed hereby.
Cited by 1 case
- MUHAMMAD AMIR KHAN vs THE STATE 1992 P C r. L J 1944