GHULAM QAMAR vs THE STATE
This criminal appeal by leave of the Court challenges the judgment of the Federal Shariat Court which maintained the conviction of the appellant under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, while reducing his sentence from ten years to seven years rigorous imprisonment. The prosecution case alleged that the appellant was apprehended at the spot while committing Zina with the victim, whose testimony was supported by medical evidence, eye-witnesses, and a positive chemical examiner report. The appellant denied the charge and pleaded false implication due to enmity. The Supreme Court scanned the entire evidence, found the conviction well-founded based on consistent prosecution evidence, but held that the quantum of sentence required modification. Consequently, the Court dismissed the appeal on merits while reducing the sentence to the period already undergone by the appellant, establishing that appellate courts may appropriately adjust sentence lengths in light of the overall circumstances while upholding concurrent findings of guilt.
- Whether the conviction under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 can be sustained when supported by consistent eye-witness testimony and corroborative medical and chemical examiner reports?
- Can the Supreme Court modify the quantum of sentence of a convict while dismissing the appeal against conviction?
- Does the sentence already undergone suffice to meet the ends of justice in specific facts and circumstances of a Zina case?
- Section 10(3), Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' SH. RIAZ AHMED, J.---Through this appeal by leave of the Court order dated 11-11-1997 is being assailed whereby a learned Single Judge of the Federal Shariat Court maintaining the conviction of the appellant reduced the sentence to 7 years from 10 years' R.I. On the charge under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 with benefit as contemplated by section 382-B, Criminal Procedure Code.
2. In pursuance of case F.I.R. No, 484 dated 4-8-1996 registered with Police Station Sadar, Faisalabad on the charge under section 10 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979, appellant Ghulam Qamar son of Ahmad Khan was tried by an Additional Sessions Judge at Faisalabad and vide judgment dated 5-11-1996 was convicted and sentenced to undergo R.I. For ten years besides infliction of 30 stripes. On appeal in the Federal Shariat Court, as stated above, a learned Single Judge reduced it to R.I. For seven years and set aside the sentence as to the whipping of stripes having been abolished by the Government in terms of Notification dated 15- 4-1996.
3. The prosecution case as -spelt out from the F.I.R. Is that on the fateful day complainant Mst.
Rehmat Bibi P.W.4 had gone to fields for serving meal to her brother while Mst. Zahida Perveen was all alone in the house. On reaching home, the first informant heard the alarm raised by Mst. Zahida Perveen from inside the house to which Muhammad Yaqoob, Zafar Iqbal and Bashir were also attracted. On entering the house, they found the appellant committing Zina with Mst. Zahida Perveen who had raised alarm due to agony. On the sight of the P.Ws. At the spot, the appellant tried to slip away, but he was hauled up. Mst. Zahida Perveen was bleeding from her private part and was made to put on her Shalwar. It is alleged that on account of the intervention of the respectables of village, the appellant was left off and no action was sought to be taken against him. But subsequently, the appellant is alleged to have started blackmailing Mst. Zahida Perveen and did not desist despite reprimanding, thus, the complainant had approached the police.
4. Muhammad Nawaz, A.S.-1. After lodging the F.I.R. Got Mst. Zahida Parveen medically examined by a lady doctor who had taken swa bs, whereafter, he had visited the site, recorded the statements of witnesses and had arrested the appellant on 6-8-1996.
5. At the trial, statements of seven witnesses were recorded and the positive report of the Chemical Examiner Exh. PF indicating that swa bs taken had been stained with semen was also tendered in evidence. The medical evidence was furnished by Lady Dr. Munaza Khurshid P.W.1. She found the hymen of the victim completely torn, tears were fresh and there was bleeding on touch. Vagina was tight and admitted two fingers and was red and swollen. According to the doctor Mst. Zahida Perveen had been raped for the first time. Dr. Masood Iqbal Bokhari had stated that the appellant was medically fit to perform the sexual intercourse.
6. Appellant denied the charge and pleaded his innocence in this false case. He had deposed that Nawaz son of Bashir P.W. Had fired at him and a criminal case was registered in that regard. Due to this enmity, he had been falsely implicated in this case and all the P.Ws. Were inimical towards him.
7. The appellant had preferred an appeal through jail and leave to appeal was granted by this Court on 17-2-1999 to examine the evidence in its true perspective.
8. We have thoroughly scanned the entire evidence on record and have heard the learned counsel for the appellant and the State. Considering the prosecution case from all angles and in particular the ing order of this Court, we are of the view that quantum of sentence requires modification.
While dismissing this appeal, we would direct that sentence already undergone by the appellant would be deemed sufficient to meet the ends of justice. Appeal is dismissed with the above modification.
Sentence reduced.