MUHAMMAD YUSUF vs The STATE
This petition for leave to appeal was filed by Muhammad Yousaf against the judgment of the Federal Shariat Court, which upheld his conviction and sentence under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The petitioner had been convicted by the Additional Sessions Judge for committing Zina with a woman to whom he was not married, resulting in a sentence of five years' rigorous imprisonment, whipping, and a fine. The core legal question before the Supreme Court was whether the conviction was supported by the evidence and whether the sentence imposed was excessive. Upon reviewing the evidence, the Supreme Court found that the petitioner had indeed eloped with the complainant and engaged in sexual intercourse with her while unmarried, thereby confirming the conviction under section 10(2) of the Ordinance. The Court held that the conviction was justified and the sentence was not excessive. However, the Court granted the petitioner the benefit of section 382-B of the Code of Criminal Procedure 1898 regarding the computation of his remaining sentence. The petition was dismissed, subject to this modification.
- Does the act of eloping and engaging in sexual intercourse with an unmarried woman constitute an offence under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
- Is a convict entitled to the benefit of section 382-B of the Code of Criminal Procedure 1898 in the computation of their sentence?
- Article 203-F(2-B), Constitution of Pakistan 1973
- Section 10(2), Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 382-B, Code of Criminal Procedure 1898
1. NASIM HASAN SHAH, J.--Petitioner, Muhammad Yousaf, by this petition (through Jail) under Article 203-F(2-B) of the Constitution, seeks leave to appeal against the judgment passed by a Division Bench of the Federal Shariat Court, Islamabad on 27-3-1985, whereby his appeal (also through Jail) challenging his conviction under section 10(2) of the Offence of Zina (Enforcement of Hudood)
2. Ordinance, 1979, hereinafter referred to as the Ordinance, and the sentence of 5 years' R.I. Plus whipping (numbering 20 stripes) and a fine of Rs.1,000 or in default further one years' R.I., recorded by the learned Additional Sessions Judge-I, Rahimyar Khan vide judgment dated 2-5-1984, was dismissed.
3. I have carefully perused the judgments of the Courts below and have also gone through the evidence. It is quite clear that Mst. Jameela Inayat P.W.5, a young unmarried girl of about 16 years eloped with the petitioner (Muhammad Yousaf) during the night of 5th/6th October, 1983 and lived with him for about 10 days until they were arrested by the Quetta Police on 17-10-1983 and that during this period the petitioner had sexual intercourse with her. He has, therefore, rightly been convicted under section 10(2) of the Ordinance as he was committing Zina with a woman who was not married to him. The sentence imposed is also not excessive. I would dismiss this petition.
4. However, he may be granted the benefit of section 382-B, Cr.P.C. In computing the sentence he has yet to undergo.
5. ORDER OF THE COURT The petition is dismissed the benefit of S. 382-B, Cr.P.C. Is, however, allowed in the matter of computation of sentence.