MUHAMMAD ASLAM Versus THE STATE Umer Farooq Khan , Hayat Qureshi for the State.,Suleman Kassam
1. The appellant was charged under section 5/7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 and was convicted by the learned Sessions Judge (Hudood) Karachi (East) under section 11 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 and sentenced to simple imprisonment for three months, and to pay a fine of Rs.5,000 in default to suffer further simple imprisonment for a period of three months. He was also awarded sentence of five stripes.
2. The facts giving rise to the present appeal are that Mst. Memoona ex-wife of the appellant filed a direct complaint against the appellant and his father inter alia alleging therein that she was married to appellant Mohammad Aslam who was her cousin about 10 years back in Rangoon. Later on they settled at Karachi. The accused treated her with cruelty and caused mental and physical torture to her. That on last day of Ramzan 1981 she was beaten and she had to take shelter in the immediate neighbourhood. That the accused made false allegations against her that she had eloped with a young Pathan and was leaving the country after removing the jewellery from his house. Later on the matter was referred to the Nekmards where also the accused repeated the allegations. In a suit bearing No. 578 of 1983 also the accused made false accusation of elopement and illicit relations against her. The case proceeded and the learned trial Judge after recording necessary evidence convicted and sentenced the appellant as described above, while the co-accused Mohammad Siddiq was acquitted. The present appeal is directed against the said judgment of conviction.
3. On 31-12-1986 the parties filed an application for compromise under section 561-A, Cr.P.C. On 19-8-1987 the parties and their advocates appeared before me and admitted the contents of the compromise application. Mst. Memoona complainant/ Ex-wife of the appellant was identified by Mr. Suleman, Qasim the learned Advocate appearing for her. It was mentioned in the compromise application that the complainant and the appellant were cousins and they were married, and that the parties belong to a very respectable business family. That the respectable persons of the community had intervened, and the parties have settled their disputes outside the Court, and have patched up all their differences. Mst. Memoona the complainant has also forgiven the appellant in order to avoid future differences and enmity between the parties. They have, therefore, filed the present compromise application. The application further shows that the respondent No. 2 complainant withdraw her complaint and prays that same may be dismissed as withdrawn.
4. In view of the above facts and circumstances of the case the above application is allowed. The complainant is allowed to withdraw her complaint. In consequence thereof the appeal is allowed, conviction and sentence of the appellant is set aside. He is on bail, his bail bond stands discharged. I had decided the above matter on 19-8-1987 by a short order and these are the reasons for the same.
5. S. A. /M-396/ K Appeal accepted.