Mst. Rauf Siddique vs The State
This matter concerns a petition for pre-arrest bail filed by Mst. Rauf Siddique, who was implicated in a case registered under Sections 11 and 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, later amended to Section 10(2). The petitioner had initially reported an incident of abduction and Zina-bil-Jabr against others, but was subsequently accused of committing Zina herself. The core legal question was whether the petitioner's own statement, recorded in the FIR before a police officer, could be used as evidence to substantiate the charge of Zina against her. The Court held that the petitioner was entitled to confirmation of her pre-arrest bail. Relying on Article 38 of the Qanun-e-Shahadat, 1984, the Court established the principle that a confession or statement made to a police officer cannot be proved against an accused person. Consequently, as there was no other evidence on the record to support the allegation, the ad-interim bail was confirmed subject to the furnishing of bail bonds.
- Can a statement made by an accused person to a police officer be used as evidence against them?
- Is an accused entitled to pre-arrest bail when the only evidence against them is their own statement made to the police?
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10(3), Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10(2), Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Article 38, Qanun-e-Shahadat 1984
ORDER
MUHAMMAD FARRUKH MAHMUD, J.- The petitioner has sought her pre-arrest bail in case FIR No. 116 registered at Police Station Liaqatpur on 11.4.2003 for an offence under Sections 11/10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. During investigation Section 10(3) was deleted and substituted by Section 10(2) of the Ordinance.
2. The case was registered on the statement of petitioner herself wherein she had stated that on First of Moharram-ul-Haraam i.e. 5i3.2003 she accompanied Mst. Hajra Bibi and Muhammad Shafi as they had informed her that her father was admitted in Feroza Hospital. Mst. Hajra and Muhammad Shafi took the complainant to the house of Muhammad Yaqoob and Muhammad Riaz who allegedly committed Zina-bil-Jabr with the complainant. Thereafter one Zaheer Ahmad abducted the petitioner-complainant and took her to Sahiwal where he kept her for a month and had been committing zina with her. The petitioner returned to the house of her parents and after ten days reported the matter to police.
3. I have heard the learned counsel for the parties and have also gone through the record, It has been conceded by the learned counsel appearing on behalf of the State after going through the relevant case diary that except for her own statement no other witness has stated about the commission of Zina by the petitioner., The statement of the petitioner/FIR was made before a police officer, therefore, it cannot be used against her. In view of Article 38 of Qanun-e-Shahadat, 1984 no confession made to a police officer shall be proved as against a person accused of any offence, ln this view of the matter the ad-interim pre-arrest bail already granted to the petitioner vide order dated 2.9.2003 is confirmed subject to her furnishing fresh bail bond in the sum of Rs.10,000/- (Rupees ten thousand only) with one surety in the like amount to the satisfaction of Trial Court within a week.