Latest Judgments

Newly reported judgments from the Supreme Court of Pakistan, the High Courts and tribunals, added as they are processed — free, full text, updated daily. Judgments marked NEW were added in the most recent update. 2,435 judgments in total from the Federal Shariat Court.

• Mst. Tehmina Asif vs State2008 PLJ FSC 100 · Federal Shariat Court · 2008-05-23
  approvertender of pardonaccomplice testimonytazir versus haddzina liable to tazircriminal revisioncode of criminal procedure
  Summary & questions settled

  This criminal revision petition challenged the order of the Additional Sessions Judge, Sargodha, which dismissed the petitioner's application under Sections 337 and 338 of the Code of Criminal Procedure to be declared an approver in a case registered under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal question was whether pardon and tender of approver status can be granted to an accused in an offense punishable as Tazir rather than Hadd, and whether such an application under Section 338 is maintainable without being routed through the prosecutor. The court held that tendering pardon in Tazir cases is permissible and the trial court erroneously rejected the application on extraneous grounds. The Federal Shariat Court set aside the impugned order, granted the pardon under Section 338 CrPC, and directed the trial court to conclude the proceedings. The key principle laid down is that while the testimony of an accomplice is inadmissible in offenses punishable with Hadd, it is legally admissible in Tazir cases, and courts can judiciously grant pardon at any stage before judgment to secure necessary evidence.

  Questions settled

  • Can an accused be tendered a pardon and declared an approver in a criminal case punishable as Tazir rather than Hadd?
  • Does Section 338 of the Code of Criminal Procedure require an application for pardon to be moved exclusively by the officer in charge of prosecution in the district?
  • Is the testimony of an accomplice admissible in offenses punishable under Tazir?
  • At what stage of the trial can a court exercise its discretion to tender pardon under Section 338 of the Code of Criminal Procedure?
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• Mst. Shamim Akhtar vs The State2008 P Cr. L J 1214 · Federal Shariat Court · 2008-05-09
  zina-bil-jabrconsensual zinaabandonment of childhudood lawscriminal appealacquittalexculpatory confession
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Mansehra, whereby the appellant Mst. Shamim Akhtar was convicted under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 328 of the Pakistan Penal Code 1860. The core legal questions involved whether a victim of alleged Zina-bil-Jabr can be convicted of consensual Zina merely due to pregnancy and subsequent abortion, and whether a conviction under section 328 of the Pakistan Penal Code 1860 is sustainable without proof of administering poison, drugs, or stupefying substances. The Federal Shariat Court held that the trial court's conclusions were perverse and whimsical, noting an absence of evidence showing the appellant was a consenting party to Zina or that any drug or poison was administered as required under section 328. Consequently, the court set aside the convictions, accepted the appeal, and acquitted the appellant of all charges.

  Questions settled

  • Can a woman be convicted of consensual Zina merely on the ground that she became pregnant and underwent an abortion when the main co-accused was acquitted and there is no evidence of consent?
  • Whether a conviction under section 328 of the Pakistan Penal Code 1860 is sustainable without establishing that poison or a stupefying, intoxicating, or unwholesome drug was administered?
  • Does pregnancy resulting from an alleged rape constitute sufficient proof of Zina-bil-Raza in the absence of credible evidence to the contrary?
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• Mst. Shamim Akhtar vs State2008 PLJ FSC 169 · Federal Shariat Court · 2008-05-09
  zina-bil-jabrabortionburden of proofcriminal appealabandonment of childperverse judgmentacquittal
  Summary & questions settled

  This appeal challenges the conviction of the appellant, Mst. Shamim Akhtar, by the Additional Sessions Judge-II, Mansehra, for offences under Section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and Section 328 of the Pakistan Penal Code 1860. The appellant had initially reported being a victim of rape, resulting in pregnancy and subsequent abortion. The trial court acquitted co-accused but convicted the appellant based on her admission of pregnancy and abortion. The core legal questions were whether the appellant’s pregnancy and abortion, absent evidence of consent, sufficed for a Zina conviction, and whether a conviction under Section 328 of the Pakistan Penal Code 1860 is sustainable without proof of administering drugs or poison. The Federal Shariat Court held that the conviction was perverse, as there was no evidence of consensual Zina, and the trial court’s reasoning was speculative. Furthermore, the court held that a conviction under Section 328 of the Pakistan Penal Code 1860 requires proof of administering stupefying or intoxicating substances, which was absent. The appeal was accepted, and the appellant was acquitted.

  Questions settled

  • Can a conviction for Zina be sustained solely on the basis of pregnancy and abortion without evidence of consent?
  • Is a conviction under Section 328 of the Pakistan Penal Code 1860 legally sustainable without evidence that the accused administered poison or a stupefying drug?
  • Does the failure of the prosecution to prove rape against a co-accused automatically imply the consent of the complainant for the purpose of a Zina conviction?
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• Mst. Sakina Bibi and others vs Govt. of Pakistan and others2008 PLJ FSC 113 · Federal Shariat Court · 2008-05-07Read full judgment →
• Mst. Sakina Bibi and others vs Govenrment Oc Pakistan and others2008 PLD Federal Shariat Court 17 · Federal Shariat Court · 2008-05-07Read full judgment →
• Maqsood Ahmed vs The State2008 P Cr. L J 116 · Federal Shariat Court · 2007-05-09
  Zina-bil-Jabrconsensual ZinaHudood Ordinanceconviction modificationcriminal appealsexual assaultevidence appreciation
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant, Maqsood Ahmed, by the trial court under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, for the alleged abduction and Zina-bil-Jabr of the victim. The core legal question was whether the prosecution proved the offence of Zina-bil-Jabr or if the evidence suggested a consensual sexual relationship, thereby necessitating a modification of the charge. The Federal Shariat Court, upon reviewing the evidence, found that the victim had remained with the appellant for 10 to 11 days without resistance, indicating a consensual relationship rather than forced abduction or rape. Consequently, the Court held that the conviction under Section 10(3) was unsustainable. The Court set aside the conviction for Zina-bil-Jabr and instead convicted the appellant under Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, for Zina, sentencing him to two years of rigorous imprisonment. The key principle laid down is that where evidence demonstrates the victim's willing participation and lack of resistance during a period of cohabitation, the charge of Zina-bil-Jabr cannot be maintained, and the offence must be reduced to consensual Zina.

  Questions settled

  • Can a conviction under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 be sustained when evidence suggests the victim was a consenting party?
  • Does the absence of resistance during a period of cohabitation negate the charge of Zina-bil-Jabr?
  • Can an appellate court modify a conviction from Zina-bil-Jabr to consensual Zina based on the evidence presented at trial?
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• Khalil Ahmed and another vs State2008 PLJ FSC 159 · Federal Shariat Court · 2008-05-22
  abductionzina-bil-jabrvalid marriagedissolution of marriagehudood lawsappellate reversalbenefit of doubt
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellants under Section 11 and Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal question was whether the prosecution had successfully established the charges of abduction and Zina-bil-jabr against the appellants, given that the alleged abductee was legally married to one of the appellants at the time of the incident. The Federal Shariat Court held that the documentary evidence, including judicial decrees, nikahnama, and prior constitutional petitions, conclusively proved that the victim was the lawfully wedded wife of the appellant at the time of the alleged abduction, thereby destroying the foundation of the prosecution's case. The court laid down the principle that a conviction cannot be sustained on questionable, unconvincing, or dubious stories containing built-in improbabilities, and the prosecution version must be plausible, natural, and coherent. Consequently, the appeal was allowed and the convictions and sentences were set aside.

  Questions settled

  • Can a conviction for abduction and Zina under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 be sustained when the alleged victim was the lawfully wedded wife of the accused at the time of the occurrence?
  • Whether a delay in lodging the First Information Report that remains unexplained is fatal to the prosecution case?
  • Does a decree for the dissolution of marriage become effective after the expiration of ninety days from the sending of a copy to the Chairman under the West Pakistan Family Courts Act, 1964?
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• Kazim Hussain alias Qazi vs The State2008 P Cr. L J 971 · Federal Shariat Court · 2008-04-18
  sodomyunnatural offencebenefit of doubtsemen matchinghostile witnesschild witnessfaulty investigationcriminal appeal
  Summary & questions settled

  This jail criminal appeal challenges the judgment of the Additional Sessions Judge, Dera Ghazi Khan, whereby the appellant was convicted under Section 377 of the Pakistan Penal Code 1860 and sentenced to three years' rigorous imprisonment with a fine. The core legal questions involved the reliability of the prosecution's evidence, the absence of semen group matching by the investigator, the failure to produce the child victim or examine him as a witness, and the evaluation of hostile witness testimony. The Federal Shariat Court held that while the commission of sodomy was medically established, its nexus with the appellant was not proven beyond reasonable doubt due to a flawed investigation, a hostile sole eye-witness, failure to conduct semen matching with the serologist, and omission of the direct victim's testimony. The court laid down the principle that the prosecution must prove its case without relying on defence weaknesses, that failure to obtain specimen semen for grouping creates a fatal evidentiary gap in sexual offense cases, and that benefit of any reasonable doubt must be extended to the accused as a matter of right.

  Questions settled

  • Whether the failure of the investigating agency and medical officer to send the accused's semen specimen for grouping with semen found on the victim's swabs creates a fatal doubt in a sodomy case?
  • Can a conviction under Section 377 of the Pakistan Penal Code be sustained when the sole eye-witness turns hostile and the victim child is not produced to testify?
  • Does a single circumstance creating a reasonable doubt in a prudent mind entitle the accused to an acquittal as a matter of right?
  • What is the evidentiary value of a site plan prepared without scale or specific identification of pointing witnesses by the investigator?
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• Kazim Hussain alias Qazi vs State2008 PLJ FSC 36 · Federal Shariat Court · 2008-04-18
  sodomycriminal appealbenefit of doubtsemen matchingchild witnessfaulty investigationhostile witnessPakistan Penal Code
  Summary & questions settled

  This jail criminal appeal challenges the conviction and sentence of the appellant under Section 377 of the Pakistan Penal Code 1860 passed by the Additional Sessions Judge, Dera Ghazi Khan. The core legal question involves whether the prosecution successfully established the appellant's guilt beyond a reasonable doubt for the offence of sodomy given the hostile eyewitness, the failure of the investigating agency to obtain semen grouping for comparison, and the omission to produce the minor victim as a witness. The Federal Shariat Court held that while the occurrence of sodomy was medically established, its nexus with the appellant was not proven due to faulty investigation, lack of corroborative serological evidence, and unreliable eyewitness testimony. The court laid down the principle that the prosecution must prove its case without relying on defence weaknesses, that the failure to conduct semen matching creates a fatal evidentiary gap in sexual assault cases, and that a single circumstance creating reasonable doubt requires the acquittal of the accused as a matter of right.

  Questions settled

  • Does the failure of the prosecution to conduct semen grouping with the accused's specimen invalidate the chemical examiner's positive report regarding seminal stains?
  • Can a conviction for sodomy be sustained when the sole eyewitness is declared hostile and the minor victim is not produced as a witness?
  • What is the effect of a defective site plan and negligent police investigation on the proof of nexus between the accused and the crime?
  • Is a single circumstance creating reasonable doubt in a prudent mind sufficient to warrant the acquittal of an accused person?
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• Karam Ali vs The State2008 P Cr. L J 213 · Federal Shariat Court · -
  surety bondforfeiture of bondshow-cause noticecriminal revisionpenalty impositionprocedural compliance
  Summary & questions settled

  This criminal revision petition challenges an order passed by the Sessions Judge, Jacobabad, imposing a penalty of Rs. 2,40,000 on the petitioner, who had stood surety for accused persons who subsequently failed to appear in court. The core legal question was whether the trial court followed the mandatory procedural requirements stipulated in Section 514 of the Code of Criminal Procedure 1898 before imposing the penalty. The Court held that the impugned order was legally unsustainable because it failed to record a formal order of forfeiture of the bond prior to issuing the penalty. The Court emphasized that under Section 514, Cr.P.C., the process must be bifurcated: first, the court must record the grounds for forfeiture of the bond; second, a show-cause notice must be issued to the surety to explain why the penalty should not be paid. Consequently, the Court set aside the penalty order, deemed the impugned order as an order of forfeiture, and remanded the case to the trial court to issue a proper show-cause notice and proceed in accordance with the law.

  Questions settled

  • Is it mandatory for a court to record grounds for the forfeiture of a surety bond before imposing a penalty under Section 514 of the Code of Criminal Procedure 1898?
  • Can a court simultaneously order the forfeiture of a surety bond and impose a penalty without first issuing a show-cause notice to the surety?
  • What is the correct procedure to be followed by a trial court when a surety fails to produce an accused person in court?
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• Joddat Kamran and others vs The State2008 P Cr. L J 92 · Federal Shariat Court · 2007-04-23
  abductionzina-bil-jabrnikahnamaforgeryconsensual marriagesui juriscriminal appealelopement
  Summary & questions settled

  This appeal challenges the convictions of eleven appellants for abduction, Zina, and forgery under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and the Pakistan Penal Code 1860. The prosecution alleged that the principal accused abducted the complainant’s sister, Mst. Asiya, and fabricated a Nikahnama. The core legal questions concerned the validity of the marriage, the veracity of the abduction charge, and the authenticity of the Nikahnama. The Federal Shariat Court held that the prosecution failed to prove abduction, noting the alleged victim’s previous consistent statements in High Court proceedings affirming the marriage and her failure to raise an alarm during her alleged captivity. The Court ruled that the marriage was consensual, the Nikahnama was valid, and the medical evidence established the girl was sui juris. Key principles laid down include that the absence of hue and cry by an alleged abductee indicates consent, the registration of a Nikah is not mandatory for its validity, and an adult girl may contract a valid marriage without a Wali’s permission under Hanafi jurisprudence. The convictions were set aside, and the appellants were acquitted.

  Questions settled

  • Does the failure of an alleged abductee to raise a hue and cry during transit indicate consent?
  • Is the registration of a Nikah mandatory for its validity under Sharia or the Muslim Family Laws Ordinance?
  • Can an adult girl contract a valid marriage without the permission of her Wali under the Hanafi School of thought?
  • Is a child born after six months of marriage considered the legitimate offspring of the couple?
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• Jodat Kamran and 10 others vs State2008 PLJ FSC 7 · Federal Shariat Court · 2007-04-23
  abductionzina-bil-jabrforgerynikahnamaelopementsui jurisfree consentbenefit of doubtcriminal appeal
  Summary & questions settled

  This judgment disposes of criminal appeals filed against the convictions of eleven appellants by the trial court under sections relating to abduction, zina, and forgery. The core legal questions involved whether the prosecution successfully proved the charges of abduction and zina-bil-jabr, and whether the alleged nikahnama was forged. The Federal Shariat Court held that the prosecution evidence regarding forcible abduction was unreliable and contradicted by the alleged victim's own prior statements and conduct, including her pursuit of pre-arrest bail and protective writ petitions alongside the main accused, which established that she had eloped of her own free will and was sui juris. The court further held that the nikahnama was genuine and not forged, merely executed irregularly, and that an adult Muslim female is competent to contract marriage. Consequently, the court set aside the convictions and sentences, acquitting all the appellants of the charges.

  Questions settled

  • Whether the uncorroborated testimony of an alleged abductee is sufficient to sustain a conviction for abduction and zina when her subsequent conduct and judicial proceedings indicate free will and elopement?
  • Does the registration of a nikah on a loose parat by a nikah registrar of a different union council render the nikahnama a forged document under the law?
  • Whether an adult Muslim female is legally competent to contract a valid marriage of her own free will without the consent of her family members?
  • Does the failure of the prosecution to examine a natural eye-witness to an alleged abduction give rise to an adverse presumption against the prosecution case?
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• Hashim vs Gul Muhammad and 2 others2008 PLJ FSC 181 · Federal Shariat Court · 2008-08-26
  sodomyacquittalSection 265-K CrPCpolice investigationjudicial discretioncriminal trialremandevidence evaluation
  Summary & questions settled

  This appeal challenged the acquittal of respondents by the trial court in a case involving allegations of sodomy. The trial court had acquitted the respondents under Section 265-K of the Code of Criminal Procedure 1898, primarily relying on police reports declaring the accused innocent and asserting a lack of injury, despite the existence of medical evidence and a positive chemical examiner's report. The core legal question was whether the trial court correctly exercised its discretion under Section 265-K to acquit the accused at a preliminary stage. The Federal Shariat Court held that the trial court’s decision was legally flawed. It established that the opinion of an investigating officer regarding the guilt or innocence of an accused is irrelevant and inadmissible in judicial proceedings. Furthermore, the Court emphasized that Section 265-K is an exception to the general rule of trial and must be construed strictly; it cannot be used to stifle prosecution when there is material on record connecting the accused to the crime. Consequently, the acquittal was set aside, and the case was remanded for retrial.

  Questions settled

  • Is the opinion of an investigating officer regarding the guilt or innocence of an accused binding upon a trial court?
  • Under what circumstances can a trial court exercise its discretion to acquit an accused under Section 265-K of the Code of Criminal Procedure 1898?
  • Can a trial court rely solely on police reports to acquit an accused when there is other documentary or oral evidence available on the record?
  • Is Section 265-K of the Code of Criminal Procedure 1898 intended to be used to stifle prosecution at the outset?
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• Haroon Masih vs The State2008 P Cr. L J 1224 · Federal Shariat Court · 2008-05-09
  Prohibition (Enforcement of Hadd) Orderillegal possession of liquornon-Muslim permit quotarecovery witnessessentence reductioncriminal revision
  Summary & questions settled

  This criminal revision petition challenges the concurrent judgments of the lower courts whereby the petitioner was convicted under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 for possessing 33 bottles of wine and sentenced to one year rigorous imprisonment with a fine. The core legal questions involved the legality of the recovery without associating private witnesses under Section 103 of the Code of Criminal Procedure 1898, and the applicability of the proviso allowing non-Muslim citizens to possess liquor under a valid permit. The Federal Shariat Court held that while the petitioner possessed more than his allocated monthly quota under his permit, his status as a non-Muslim holding a valid permit and mitigating circumstances warranted leniency. The Court upheld the conviction but reduced the sentence to the period already undergone.

  Questions settled

  • Whether non-Muslim citizens of Pakistan are exempt from the prohibition of possessing intoxicating liquor under prescribed conditions?
  • Does the absence of private witnesses in contravention of Section 103 of the Code of Criminal Procedure 1898 vitiate the recovery in a narcotics or liquor case?
  • Can the appellate court consider a valid liquor permit produced during revision proceedings as a mitigating circumstance affecting the quantum of sentence?
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• Haroon Masih vs State2008 PLJ FSC 172 · Federal Shariat Court · 2008-05-09
  Prohibition (Enforcement of Hadd) Orderpossession of intoxicantsnon-Muslim permit holdermitigating circumstancesreduction of sentencerevision petition
  Summary & questions settled

  This criminal revision petition challenges the judgments of the lower courts convicting and sentencing the petitioner under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 for possessing thirty-three bottles of wine without associating private witnesses under Section 103 of the Code of Criminal Procedure 1898. The core legal question concerned whether the petitioner, a non-Muslim holding a valid permit for a lesser quantity, could have his conviction sustained despite possessing liquor in excess of his allocated quota and the absence of private recovery witnesses. The Federal Shariat Court upheld the conviction on the basis of excess possession beyond the permitted quota, but recognized mitigating circumstances since the petitioner was a non-Muslim permit holder and had already undergone approximately five months of imprisonment. The Court held that while possession beyond the allowed quota warrants conviction, the sentence already served constitutes sufficient punishment under mitigating circumstances, thereby modifying the sentence accordingly.

  Questions settled

  • Whether the possession of intoxicating liquor in excess of the allocated quota by a non-Muslim permit holder sustains a conviction under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979?
  • Can the sentence of imprisonment be reduced to the period already undergone in view of mitigating circumstances where the accused is a permit-holding non-Muslim?
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• Gulab Khan vs State2008 PLJ FSC 87 · Federal Shariat Court · 2008-05-23
  circumstantial evidencelast seen evidenceretracted confessionbenefit of doubtco-accused acquittalinterpolation of recorddacoity with murder
  Summary & questions settled

  This criminal appeal challenges the judgment of the Sessions Judge, Charsadda, convicting the appellant under Section 396/34 of the Pakistan Penal Code. The core legal question involves determining whether a conviction can be sustained on weak circumstantial evidence, uncorroborated last-seen evidence, and a retracted confession in the absence of direct eyewitness accounts or proper identification parades. The Federal Shariat Court held that circumstantial and last-seen evidence must form an unbroken, conclusive chain incompatible with the innocence of the accused, and that retracted confessions require strong independent corroboration to form the basis of a conviction. Finding the prosecution's case riddled with interpolations, delays, and insufficient evidence, the court set aside the convictions of both the appellant and a non-appealing co-accused, laying down the principle that the benefit of acquittal should be extended to non-appealing co-accused similarly situated when the foundational evidence crumbles.

  Questions settled

  • Can a conviction be sustained solely on the basis of uncorroborated last-seen evidence?
  • What evidentiary value does a retracted confession hold in the absence of independent corroboration?
  • Whether the benefit of acquittal can be extended to a co-accused who has not filed an appeal?
  • What are the essential requirements for proving a case based entirely on circumstantial evidence?
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• Ghulam Nabi and 2 others vs The State2008 P Cr. L J 759 · Federal Shariat Court · 2008-03-14
  Tazkiya-al-ShuhoodHudoodbank robberyHaddTazircredibility of witnessesMuzakki
  Summary & questions settled

  The appellants challenged their conviction and sentence of amputation of limbs under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, passed by the Additional Sessions Judge, Sahiwal, for committing armed bank robbery. The core legal questions involved whether the testimony of bank employees is admissible in Sharia and whether the trial court conducted a valid inquiry regarding the credibility of witnesses under the principle of Tazkiya-al-Shuhood. The Federal Shariat Court held that while the prosecution successfully established the case of robbery against the appellants beyond a shadow of doubt, the trial court's inquiry regarding Tazkiya-al-Shuhood was a mockery and failed to meet the mandatory legal requirements of appointing Muzakkis and conducting proper scrutiny. Consequently, the court set aside the convictions and sentences under Hadd, altering them to convictions under section 394 of the Pakistan Penal Code for Tazir. The key principle laid down is that Tazkiya-al-Shuhood is a mandatory requirement for Hadd punishments which cannot be satisfied through a superficial or perfunctory inquiry by the trial judge himself without utilizing credible referees (Muzakkis).

  Questions settled

  • Whether the testimony of bank employees is admissible as evidence under Sharia in a case involving bank robbery?
  • Does a trial court's superficial questioning of eyewitnesses regarding their truthfulness and prayers satisfy the mandatory requirements of Tazkiya-al-Shuhood under section 7 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979?
  • Can a conviction and sentence of Hadd be sustained in the absence of a proper inquiry through Muzakkis regarding the credibility of witnesses?
  • Whether an appellate court can alter a conviction from Hadd to Tazir under the Pakistan Penal Code when the substantive charge of robbery is proven but mandatory legal requirements for Hadd are unfulfilled?
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• Ghulam Nabi & 2 others vs State2008 PLJ FSC 27 · Federal Shariat CourtRead full judgment →
• Fayyaz Ahmad Khan vs The State2008 P Cr. L J 33 · Federal Shariat Court · 2007-09-04
  zina-bil-jabrimplied consentmedical evidencechemical examiner reportcriminal appealhudood ordinancealteration of conviction
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant under section 16 and section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal question is whether the prosecution successfully established the charge of Zina-bil-Jabr (rape without consent) or whether the offense fell under Zina with implied consent. The Federal Shariat Court held that while the commission of Zina was proven beyond doubt through the victim's testimony, medical evidence, and a positive chemical examiner report, the elements of Zina-bil-Jabr were not established due to the absence of marks of violence, lack of torn clothing or resistance, and the medical findings showing the victim was used to sexual intercourse. Consequently, the court partially allowed the appeal, maintaining the conviction under section 16 and altering the conviction under section 10(3) to section 10(2) of the Ordinance, reducing the sentence accordingly while extending the benefit of section 382-B of the Code of Criminal Procedure, 1898. The key principle laid down is that the absence of physical violence, torn clothing, or immediate outcry, combined with medical evidence indicating prior sexual activity, negates the element of force required for Zina-bil-Jabr, warranting a conviction for Zina with implied consent instead.

  Questions settled

  • Whether the absence of marks of violence and resistance is sufficient to convert a conviction of Zina-bil-Jabr to Zina with implied consent?
  • Does a medical report indicating a torn hymen and an orifice allowing two fingers to pass easily establish prior sexual activity in a Zina case?
  • Whether failure to immediately disclose rape to family members upon meeting them affects the proof of Zina-bil-Jabr?
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• Ejaz alias Gagen and 3 others vs State2008 PLJ FSC 149 · Federal Shariat Court · 2008-05-14
  dacoityocular evidencerobberycriminal appealidentification paradeSection 34 PPCrecovery witnessesSection 103 CrPC
  Summary & questions settled

  This appeal challenged the conviction of four appellants for robbery committed on a public coach, where passengers were relieved of cash and valuables at gunpoint. The appellants contended that the trial was flawed due to the absence of independent recovery witnesses, failure to hold an identification parade, and the omission of Section 34 of the Pakistan Penal Code 1860 from the charge. The Federal Shariat Court examined the evidence and held that while the specific recovery evidence was excluded due to non-compliance with Section 103 of the Code of Criminal Procedure 1898, the conviction was sustainable based on the overwhelming, consistent, and mutually corroborative ocular testimony of multiple victim-witnesses. The Court ruled that the omission of Section 34 of the Pakistan Penal Code 1860 did not prejudice the accused, as each appellant actively participated in the crime. Furthermore, the Court affirmed that identification parades are not a strict legal requirement where witnesses had sufficient opportunity to observe the perpetrators. Consequently, the Court dismissed the appeal, maintaining the convictions and sentences imposed by the trial court.

  Questions settled

  • Does the omission of Section 34 of the Pakistan Penal Code 1860 in a charge sheet automatically invalidate a conviction?
  • Is an identification parade a mandatory legal requirement for the admissibility of witness testimony in a robbery case?
  • Can a conviction for dacoity be sustained solely on the basis of ocular evidence when recovery evidence is excluded?
  • Are police officers competent witnesses to recoveries under Section 103 of the Code of Criminal Procedure 1898?
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• Ejaz Ali vs The State2008 P Cr. L J 1012 · Federal Shariat Court · 2007-10-31
  criminal appealrobberyidentification paradepolice custodydisclosure memobenefit of doubthudood
  Summary & questions settled

  This jail criminal appeal arises from a judgment of the Additional Sessions Judge-I, Sibi, whereby the appellant Ejaz Ali was convicted under section 392 of the Pakistan Penal Code 1860 and sentenced to three years' rigorous imprisonment with a fine. The core legal question involves the sustainability of the conviction based on an allegedly flawed identification parade, inadmissible disclosure statements, and the absence of corroborative recovery. The Federal Shariat Court accepted the appeal and acquitted the appellant, holding that the identification parade suffered from severe legal and procedural infirmities—including being conducted by a D.S.P. instead of a Magistrate, an unexplained delay of nine days, being held at the complainant's residence, and mixing police constables instead of private persons. Furthermore, the court held that disclosure statements made in police custody are inadmissible under Articles 38 and 39 of the Qanun-e-Shahadat Order 1984, and in the absence of independent corroborative evidence or recovery of looted property, the appellant was entitled to the benefit of the doubt.

  Questions settled

  • Is a disclosure statement made by an accused person while in police custody admissible in evidence?
  • Whether an identification parade conducted by a police officer instead of a magistrate and holding it at the complainant's residence affects its evidentiary value?
  • Can a conviction for robbery be sustained in the absence of independent corroborative evidence and recovery of looted property when the identification is doubtful?
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• Eissan and others vs The State2008 P Cr. L J 1197 · Federal Shariat Court · 2008-02-04
  dacoity with murderidentification paradereasonable doubtburden of proofcriminal appealeyewitness testimonyacquittal
  Summary & questions settled

  This jail appeal challenged the conviction and sentence of the appellants under Section 396, Pakistan Penal Code 1860, for dacoity with murder. The core legal question was whether the prosecution had established the guilt of the appellants beyond reasonable doubt, particularly in light of the non-production of the complainant and procedural irregularities in the identification parade. The Federal Shariat Court held that the prosecution failed to prove its case, setting aside the conviction and ordering the immediate release of the appellants. The Court established that the failure to produce the complainant, who was the primary eyewitness, significantly weakened the prosecution's case. Furthermore, the identification parade was found to be legally flawed due to the Magistrate's failure to endorse the certificate of correctness and the absence of prior descriptions of the accused in police statements. Combined with an unexplained eight-to-nine-year delay in witness examination and the lack of independent corroboration, these factors created reasonable doubt, necessitating the acquittal of the appellants.

  Questions settled

  • Does the failure of the prosecution to produce the complainant as a witness in a criminal trial create reasonable doubt?
  • What are the legal consequences of a Magistrate's failure to endorse the certificate of correctness during an identification parade?
  • Can a conviction be sustained when there is an unexplained delay of several years in the examination of prosecution witnesses?
  • Is identification of accused persons reliable when witnesses fail to provide descriptions in their initial police statements?
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• Behram vs The State2008 P Cr. L J 1651 · Federal Shariat Court · 2008-07-15
  criminal appealrobberyidentification paradeburden of proofacquittalwitness credibilitySection 161 CrPC
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant under Section 392 of the Pakistan Penal Code 1860, for which he was sentenced to five years of rigorous imprisonment by the trial court. The core legal question was whether the prosecution had sufficiently proven the guilt of the accused beyond reasonable doubt, particularly in the absence of the complainant and given the inconsistencies in the identification evidence. The Federal Shariat Court found that the prosecution's case was fatally flawed. The star witness, the complainant, was never produced at trial, and there were significant, unexplained delays in recording witness statements under Section 161 of the Code of Criminal Procedure 1898. Furthermore, the court noted material contradictions regarding the identification parade, specifically concerning the number of participants, and observed that police witnesses present at the scene failed to apprehend the accused. Emphasizing that the burden of proof rests entirely on the prosecution, the court held that the cumulative effect of these evidentiary failures rendered the conviction unsustainable. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.

  Questions settled

  • Does the failure of the prosecution to produce the complainant as a witness in a robbery case undermine the conviction?
  • What is the legal effect of an unexplained delay in recording witness statements under Section 161 of the Code of Criminal Procedure 1898?
  • Can a conviction be sustained when there are material contradictions regarding the composition of an identification parade?
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• Azhar Amin alias Naji alias Mota vs The State2008 P Cr. L J 824 · Federal Shariat Court · 2008-03-19
  DNA testtampering with evidencecontradictory medical reportsmurder and sodomychain of custodybenefit of doubtcriminal appeal
  Summary & questions settled

  This criminal appeal arises out of a judgment passed by the Additional Sessions Judge, Lahore, convicting the appellant under section 377 and section 302(b) of the Pakistan Penal Code 1860, and sentencing him to death and imprisonment respectively. The prosecution case was based on circumstantial evidence, eyewitness accounts, and DNA profiling linking the appellant to the murder and sodomy of a minor boy. The core legal questions involved the reliability of contradictory DNA test reports, the integrity of evidence handling, and the reconciliation of conflicts between ocular and medical evidence. The Federal Shariat Court held that the prosecution failed to establish its case beyond reasonable doubt due to glaring discrepancies in the medical and DNA evidence, material contradictions between two successive DNA reports by the same expert, and clear evidence of police tampering and improper chain of custody regarding the evidentiary material. The appeal was accordingly accepted, the conviction and death sentence set aside, and the appellant acquitted.

  Questions settled

  • Whether a conviction can be sustained when successive DNA test reports obtained during investigation are materially contradictory and inconclusive?
  • What is the legal effect on evidentiary value when physical evidence sent for DNA testing lacks a secure chain of custody and shows clear signs of police tampering?
  • How should conflicts between ocular testimony and medical or forensic evidence be resolved in criminal trials?
  Read full judgment →
• Azam Khan vs The State and another2008 P Cr. L J 740 · Federal Shariat Court · 2008-01-10
  acquittal appealsection 265-K Cr.P.C.false implicationalleged abductionhudood ordinance
  Summary & questions settled

  This acquittal appeal arises from an order of the III Additional Sessions Judge, Karachi Central, passed under section 265-K, Code of Criminal Procedure 1898, whereby respondent No. 2 was acquitted of charges under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The appellant, arrested in a narcotics case, had earlier filed an application alleging that the raiding police officer had abducted his third wife and falsely implicated him. Based on directions from the Chief Justice of Pakistan, a separate FIR was registered, but subsequent police investigations found no substantial evidence linking the respondent to the alleged abduction, leading to a report under section 173, Code of Criminal Procedure 1898. The core legal question was whether the trial court was justified in acquitting the accused under section 265-K, Code of Criminal Procedure 1898, without recording further prosecution evidence. The Federal Shariat Court dismissed the appeal, holding that where there is no probability of the accused being convicted and no substantive material on record connecting the accused with the crime, an acquittal under section 265-K, Code of Criminal Procedure 1898, is fully justified and further trial proceedings would be a futile exercise.

  Questions settled

  • Whether an acquittal under section 265-K of the Code of Criminal Procedure 1898 is sustainable when there is no probability of the accused being convicted?
  • Is it mandatory for a trial court to record all prosecution witnesses before entertaining an application under section 265-K of the Code of Criminal Procedure 1898 even when no substantive material connects the accused to the crime?
  • Does the failure of an accused to raise a grievance of false implication and abduction before a judicial magistrate during remand proceedings weaken his subsequent allegations?
  Read full judgment →
• Ayyub Masih vs The State2008 P Cr. L J 107 · Federal Shariat Court · 2007-01-09
  criminal appealabductionOffence of Zina (Enforcement of Hudood) Ordinancematerial contradictionsbenefit of doubtacquittalreappraisal of evidence
  Summary & questions settled

  This criminal appeal arises from a judgment wherein the co-accused Mst. Aasia Bibi was acquitted and the appellant Ayyub Masih was convicted under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and sentenced to three years' rigorous imprisonment with a fine. The core legal question revolves around whether the prosecution successfully established the guilt of the appellant for abduction beyond a reasonable doubt based on the testimonies of the complainant and the husband, which contained material contradictions and improbabilities. The Federal Shariat Court held that the prosecution's evidence was highly suspect, riddled with contradictions regarding the chronology and manner of the alleged abduction, and that the appellant was never even formally charged under section 16 of the Ordinance. Consequently, the court set aside the conviction and sentence, laying down the principle that a conviction cannot be sustained where the testimonies of material eye-witnesses suffer from grave infirmities and material contradictions, failing to prove the case beyond a shadow of doubt.

  Questions settled

  • Can an accused be convicted of an offence under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, when he was never formally charged with that specific provision?
  • Whether material contradictions and improbabilities in the statements of eye-witnesses are sufficient to create reasonable doubt warranting the acquittal of an accused?
  • Is a conviction sustainable when the prosecution fails to establish the foundational facts of abduction and independent corroboration is lacking?
  Read full judgment →
• Ayyub Masih vs State2008 PLJ FSC 1 · Federal Shariat Court · 2007-01-09
  abductioncriminal appealoffence of zinawitness credibilitymaterial contradictionsacquittalburden of proof
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, for the alleged abduction of a woman. The core legal questions concern the credibility of the prosecution's evidence, specifically the testimony of the complainant and the husband, and the legality of convicting an accused under a statutory provision for which no formal charge was framed. The Federal Shariat Court held that the prosecution's narrative was inherently improbable, suffering from material contradictions regarding the timeline and the sequence of events. Furthermore, the Court observed that the trial court convicted the appellant under Section 16 despite having only charged him under Section 10(2) of the Ordinance, which was subsequently dismissed. Emphasizing that a conviction must be based on evidence free from reasonable doubt, the Court ruled that the prosecution failed to establish the guilt of the appellant. Consequently, the conviction and sentence were set aside, and the appellant was acquitted, reinforcing the principle that material contradictions and lack of corroboration render a prosecution case unreliable.

  Questions settled

  • Can an accused be convicted under a section of law for which they were not formally charged?
  • Does a prosecution case based on contradictory testimony of interested witnesses warrant acquittal?
  • Is a conviction sustainable when the prosecution fails to prove the essential elements of the alleged offence beyond reasonable doubt?
  Read full judgment →
• Ateeq-Ur-Rehman alias Kali vs The State2008 P Cr. L J 657 · Federal Shariat Court · 2008-01-28
  Zina-bil-Jabrbenefit of doubtdelayed FIRinvestigative negligenceadverse presumptioncriminal appealHudood laws
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant for Zina-bil-Jabr under the Zina (Enforcement of Hudood) Ordinance, 1979. The core legal question was whether the prosecution established the appellant's guilt beyond reasonable doubt despite significant evidentiary inconsistencies. The Federal Shariat Court held that the prosecution failed to meet the required standard of proof. The court emphasized that an unexplained delay in lodging the FIR, coupled with the prosecution's failure to examine material eye-witnesses—specifically the complainant's father—raised a strong presumption against the veracity of the allegations. Furthermore, the court noted gross negligence by the investigating officer, including the failure to inspect the alleged crime scene and contradictory documentation. The medical evidence was also deemed inconclusive due to the delay in examination and conflicting expert testimony. Consequently, the court set aside the conviction, ruling that the appellant was entitled to the benefit of the doubt. This judgment reaffirms the principle that material investigative lapses and unexplained delays in reporting crimes are fatal to the prosecution's case.

  Questions settled

  • Does the failure to examine material eye-witnesses create an adverse presumption against the prosecution?
  • What is the legal effect of an unexplained delay in lodging an FIR in a criminal case?
  • Can a conviction be sustained when the investigating officer fails to inspect the alleged crime scene?
  • Is a conviction under the Zina (Enforcement of Hudood) Ordinance 1979 sustainable when the medical evidence is inconclusive and contradictory?
  Read full judgment →
• Allah Noor vs The State2008 P Cr. L J 1666 · Federal Shariat Court · 2008-05-12
  dumb witnessbenefit of doubtballistic evidenceidentification paradeHudood Ordinanceexpert testimonycriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant for the murder of a truck driver under Section 17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The core legal questions concerned the admissibility of a dumb witness's testimony following the repeal of the Evidence Act, 1872, and whether the prosecution sufficiently established the appellant's guilt through ballistic evidence and identification. The Court held that while the testimony of a dumb witness remains admissible through an expert under Article 59 of the Qanun-e-Shahadat Order, 1984, such evidence is inherently weak and requires substantial corroboration to support a conviction. The Court found that the prosecution failed to conclusively link the specific weapon recovered from the appellant to the fatal shot, and the identification parade was procedurally insufficient. Consequently, the conviction was set aside, and the appellant was acquitted based on the principle that where evidence is inconclusive regarding the specific weapon used and identification is flawed, the accused is entitled to the benefit of the doubt.

  Questions settled

  • Is the testimony of a dumb witness admissible in court following the repeal of the Evidence Act, 1872?
  • Can a conviction be sustained solely on the testimony of a dumb witness without corroborating evidence?
  • Does the failure to conclusively link a recovered weapon to the fatal injury entitle an accused to the benefit of the doubt?
  • What is the evidentiary value of expert testimony regarding the translation of a dumb witness's signs?
  Read full judgment →
• Ahsanullah vs The State2008 P Cr. L J 627 · Federal Shariat Court · 2008-02-14
  kidnapping from lawful guardianshipattempt to commit Zina-bil-Jabrminor victimdeath sentence set asideessential ingredients of kidnappingobscene actHudood laws
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant under section 364-A of the Pakistan Penal Code 1860 and sentencing him to death, alongside a conviction under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The core legal questions involved whether the essential ingredients of kidnapping under section 361 of the Pakistan Penal Code 1860 were satisfied to sustain a charge under section 364-A, and whether the appellant's acts constituted an attempt to commit Zina-bil-Jabr or merely an obscene act. The Federal Shariat Court held that in the absence of any evidence showing that the appellant took or enticed the minor victim away from her lawful guardian, the conviction under section 364-A could not be sustained. However, the court upheld the conviction for an attempt to commit Zina under section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 based on established overt acts. The key principles laid down are that kidnapping requires proof of taking or enticing a minor out of lawful guardianship, without which section 364-A is inapplicable, and that undressing and placing a victim in a compromising position constitutes an attempt towards Zina-bil-Jabr.

  Questions settled

  • Whether the offence of kidnapping under section 361 of the Pakistan Penal Code 1860 is established without proof of taking or enticing a minor out of lawful guardianship?
  • Can a conviction under section 364-A of the Pakistan Penal Code 1860 be sustained when the foundational element of kidnapping is absent?
  • Does removing the clothes of a victim and placing her in a compromised position constitute an attempt to commit Zina-bil-Jabr under the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
  • Whether acts performed in a public ditch without consummation amount to Zina-bil-Jabr or merely an obscene act under section 294 of the Pakistan Penal Code 1860?
  Read full judgment →
• Ahsanullah vs State2008 PLJ FSC 44 · Federal Shariat Court
  kidnappingattempted zina-bil-jabrlawful guardianshipcriminal appealminor victimstatutory interpretation
  Summary & questions settled

  This appeal challenged a conviction under Section 364-A of the Pakistan Penal Code 1860 for kidnapping and Section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 for attempted Zina-bil-Jabr. The core legal questions were whether the prosecution established the essential ingredients of kidnapping under Section 361 of the Pakistan Penal Code 1860 and whether the appellant’s conduct constituted an attempt to commit Zina-bil-Jabr. The Court held that the conviction under Section 364-A must be set aside because the prosecution failed to prove the minor was taken or enticed away from lawful guardianship, as the minor had left home voluntarily. However, the Court upheld the conviction for attempted Zina-bil-Jabr, ruling that the appellant’s actions—removing clothes and placing the victim on his lap—constituted clear, practical steps toward the commission of the offence. The judgment establishes that kidnapping requires proof of positive action by the accused to remove a minor from guardianship, and that undressing a victim constitutes a sufficient step toward the commission of Zina-bil-Jabr.

  Questions settled

  • What are the essential elements required to establish the offence of kidnapping from lawful guardianship under Section 361 of the Pakistan Penal Code 1860?
  • Does the mere presence of a minor with an accused person constitute kidnapping under Section 361 of the Pakistan Penal Code 1860?
  • What actions by an accused are sufficient to constitute an attempt to commit Zina-bil-Jabr under the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
  • Can a conviction under Section 364-A of the Pakistan Penal Code 1860 be sustained if the prosecution fails to prove the initial act of kidnapping?
  Read full judgment →
• Afzal Khan and 6 others vs State2008 PLJ FSC 136 · Federal Shariat Court · 2008-05-29
  dacoitycriminal appealidentification paradeconfessional statementSection 540 CrPCappreciation of evidenceblind FIRconviction set aside
  Summary & questions settled

  This criminal appeal challenges the conviction of seven appellants for dacoity and murder under Section 395 of the Pakistan Penal Code 1860. The core legal questions concerned the validity of the trial court's procedure in recalling prosecution witnesses without speaking orders, the reliability of a retracted, non-exculpatory confession by a co-accused, and the sufficiency of identification evidence in a blind FIR case. The Federal Shariat Court held that the trial court erred by allowing the re-examination of witnesses under Section 540 of the Code of Criminal Procedure 1898 without demonstrating necessity or providing reasoned orders, violating Section 24-A of the General Clauses Act 1897. Furthermore, the Court found the confession unreliable and the identification evidence flawed, noting that the complainant had been shown the accused while in police custody. Consequently, the Court set aside the convictions, emphasizing that judicial findings cannot rest on assumptions or suspicious identification procedures. The principle laid down is that convictions require proof beyond reasonable doubt, and procedural safeguards regarding witness recall and identification must be strictly observed to ensure fair administration of justice.

  Questions settled

  • Can a trial court recall prosecution witnesses for re-examination under Section 540 of the Code of Criminal Procedure 1898 without a speaking order?
  • Is a retracted, non-exculpatory confession of a co-accused sufficient to sustain a conviction?
  • Does the identification of accused persons by a complainant who was shown the accused in police custody constitute reliable evidence?
  • Are convictions sustainable when the prosecution fails to comply with the procedural requirements of Section 103 of the Code of Criminal Procedure 1898 regarding recoveries?
  Read full judgment →
• Waqas Ali alias Waqas Ahmad vs The State2007 P Cr. L J 212 · Federal Shariat Court · 2006-11-15
  zina-bil-jabrplea of alibibenefit of doubtreappraisal of evidencebusiness enmitycriminal appeal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Jhang, whereby the appellant was convicted under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced to seven years' rigorous imprisonment. The core legal questions involved the credibility of the prosecution evidence, the establishment of the defense pleas of alibi and prior enmity arising from a business dispute with a cousin of the appellant, and whether the prosecution proved its case beyond a reasonable doubt. The Federal Shariat Court accepted the appeal, holding that the defense successfully raised a reasonable possibility of the appellant's absence from the scene of the crime through corroborative testimony and the investigating officer's admissions, and that material contradictions and omissions in the prosecution case created substantial doubt. The court laid down the principle that an accused raising a plea of alibi need only produce evidence sufficient to raise a reasonable possibility of his presence elsewhere, and that where the defense successfully creates doubts in the credibility of the prosecution case, the accused is entitled to the benefit of the doubt and acquittal.

  Questions settled

  • Whether an accused person setting up a plea of alibi is required to prove it affirmatively or merely raise a reasonable possibility of his presence elsewhere?
  • Does the failure of the prosecution to examine material eye-witnesses named in the FIR severely impair its case?
  • Is an accused entitled to an acquittal when material contradictions and omissions render the assessment of evidence by the trial court perverse?
  Read full judgment →
• Umar Din and another vs The State2007 P Cr. L J 1627 · Federal Shariat Court · 2007-06-07
  abductionZina Hudood Ordinancecontradictory testimonystatement under section 164 Cr.P.C.benefit of doubtcriminal appealacquittal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Lahore, whereby the appellants were convicted and sentenced under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal question concerned whether the prosecution had successfully established the charge of abduction for the purpose of Zina beyond a reasonable doubt, given the contradictory versions presented by the prosecution witnesses and the deceased victim's statement under Section 164 of the Code of Criminal Procedure 1898. The Federal Shariat Court held that the prosecution's case was self-contradictory, as the version of the witnesses regarding seeing the victim at a public bus stop and the victim's own statement regarding being abducted from her house by deceit and force demolished one another, and further that mere presence in company or a marriage proposal without necessary force or coercion does not satisfy the ingredients of Section 11 of the Ordinance. Consequently, the court set aside the convictions and sentences, acquitting the appellants of the charges.

  Questions settled

  • Whether contradictory versions between prosecution witnesses and the victim's statement under Section 164 Cr.P.C. are sufficient to demolish the prosecution's case?
  • Does the mere seeing of an abductee in the company of the accused at a public place attract the ingredients of Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979?
  • Does a marriage proposal by itself come within the ambit of Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 without being accompanied by force or coercion?
  • Is the failure to provide an opportunity to cross-examine a witness whose statement is recorded under Section 164 Cr.P.C. a mandatory requirement that vitiates its evidentiary value?
  Read full judgment →
• Umar Din and another vs State2007 PLJ FSC 76 · Federal Shariat Court · 2007-06-07
  abductioncriminal appealcontradictory evidencebenefit of the doubthudood lawsacquittalstatement under section 164 Cr.P.C.
  Summary & questions settled

  This judgment disposes of two criminal appeals filed by appellants Umar Din and Muhammad Ishaq, impugning their conviction and sentence under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, passed by the Additional Sessions Judge, Lahore. The core legal question involved whether the prosecution successfully established the charge of abduction and zina against the appellants beyond reasonable doubt. The Federal Shariat Court held that the prosecution's case suffered from material contradictions between the FIR version and the victim's statement under Section 164 of the Code of Criminal Procedure, 1898, wherein the victim's presence at a public place without raising hue and cry and a mere proposal of marriage did not attract the ingredients of the offence under Section 11 of the Ordinance. Consequently, the court set aside the convictions and sentences, acquitting the appellants. The key principle laid down is that contradictory prosecution versions, coupled with the absence of essential ingredients of the charged offence, entitle the accused to the benefit of the doubt and subsequent acquittal.

  Questions settled

  • Whether seeing an abductee in the company of accused persons at a public place without any hue and cry attracts the ingredients of Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979?
  • Does a mere proposal of marriage, without force or coercion, fall within the ambit of Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979?
  • What is the evidentiary value of a statement recorded under Section 164 of the Code of Criminal Procedure, 1898, when the prosecution versions are contradictory and demolish each other?
  Read full judgment →
• Tahir Sarwar alias Shahab and others vs The State and others2007 P Cr. L J 1682 · Federal Shariat Court · 2007-07-27
  extra-judicial confessioncircumstantial evidencesection 342 Cr.P.C.murderabductionbenefit of doubthostile witnesses
  Summary & questions settled

  This criminal appeal arises from a judgment of the Sessions Judge, Sheikhupura, convicting and sentencing the appellants for murder and related charges under the Pakistan Penal Code and the Offence of Zina (Enforcement of Hudood) Ordinance. The prosecution case relied heavily on circumstantial evidence, extra-judicial confessions made to the complainant and his brother nearly two years after the initial FIR, and recoveries. The core legal questions involved the evidentiary value and admissibility of extra-judicial confessions, the mandatory requirements of examining an accused under Section 342 of the Code of Criminal Procedure, and the standard of proof required in cases resting entirely on circumstantial evidence. The Federal Shariat Court held that an extra-judicial confession not put to the accused during examination under Section 342, Cr.P.C. cannot be used against him, that extra-judicial confessions made to hostile relatives after an inordinate delay are inherently weak and incredible, and that the chain of circumstantial evidence was broken at multiple points. Consequently, the court set aside the convictions and sentences, acquitted the appellants, and dismissed the state murder reference and complainant's revision.

  Questions settled

  • Can an extra-judicial confession not put to the accused during examination under Section 342 of the Code of Criminal Procedure be used against him?
  • What is the evidentiary value of an extra-judicial confession made to the complainant and victim's relatives after a prolonged delay?
  • Whether an accused can be convicted on the basis of circumstantial evidence when the chain of events is broken at several places?
  • Does the failure to associate respectable inhabitants of the locality during police searches and recoveries vitiate the search under Section 103 of the Code of Criminal Procedure?
  Read full judgment →
• Tahir Sarwar alias Shahab and others vs State and others2007 PLJ FSC 103 · Federal Shariat Court
  extra-judicial confessioncircumstantial evidencesupplementary statementhostile witnessessearch witnessesmurder referenceappellate jurisdiction
  Summary & questions settled

  This criminal appeal arises from convictions and sentences handed down by the Sessions Judge Sheikhupura under Sections 302(b)/34 of the Pakistan Penal Code 1860, along with a connected murder reference and revision petitions. The core legal questions involved the reliability of circumstantial evidence, the evidentiary value of a belated supplementary statement, the legality of recoveries made in violation of statutory search provisions, and the admissibility of an extra-judicial confession not put to the accused during their examination. The Federal Shariat Court accepted the appeals, set aside the convictions and sentences, and dismissed the murder reference and revision. The court held that an extra-judicial confession which is not put to the accused under Section 342 of the Code of Criminal Procedure 1898 cannot be used against them, and that extra-judicial confessions made to hostile relatives after a significant delay are the weakest form of evidence. Furthermore, the court reiterated that where a chain of circumstantial evidence is broken and independent witnesses turn hostile, no conviction can be sustained.

  Questions settled

  • Can an extra-judicial confession not put to the accused during their examination under Section 342 of the Code of Criminal Procedure 1898 be used against them?
  • What is the evidentiary value of a belated supplementary statement given after a significant delay following the first information report?
  • Does the failure to associate respectable inhabitants of the locality during police searches violate Section 103 of the Code of Criminal Procedure 1898, and what is its effect on recoveries?
  • Can an accused be held guilty on the basis of circumstantial evidence when the chain of events is broken and independent witnesses turn hostile?
  Read full judgment →
• Rahim Bux and others vs The State2007 P Cr. L J 1226 · Federal Shariat Court · 2006-05-11
  kidnapping for ransomabductioncriminal appealacquittalappreciation of evidenceNikahnamafalse implication
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Kashmore, which acquitted the appellants of charges under the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, but convicted them under Section 365-A of the Pakistan Penal Code 1860, sentencing them to nine years of rigorous imprisonment for the alleged kidnapping of two minors. The core legal question was whether the prosecution had established the ingredients of kidnapping, specifically in light of evidence suggesting the alleged abductee had entered into a valid marriage and that the minor brother was residing with her voluntarily. The Federal Shariat Court examined the evidence, including a Nikahnama and the testimony of the alleged abductee, who denied being kidnapped and confirmed her marriage and the voluntary residence of her brother. The Court held that the prosecution failed to prove the essential ingredients of the offense of kidnapping. Consequently, the Court set aside the conviction and sentence, ruling that the appellants committed no offense, and ordered their immediate release.

  Questions settled

  • Whether a conviction under Section 365-A of the Pakistan Penal Code 1860 can be sustained when the alleged abductee denies the kidnapping and provides evidence of a valid marriage?
  • Does the voluntary residence of a minor with a sibling who has entered into a marriage constitute kidnapping under the Pakistan Penal Code 1860?
  • Can a conviction be maintained when the prosecution's primary witnesses are disbelieved and the defense provides credible documentary evidence contradicting the charge?
  Read full judgment →
• Mukhtar Ahmed, Sepoy Ex. No. 2325998-and others vs Federation of Pakistan through Secretary Ministry of Defence & others2007 PLJ FSC 97 · Federal Shariat CourtRead full judgment →
• Muhammad Younus and 4 others vs State2007 PLJ FSC 81 · Federal Shariat Court · 2007-04-12
  criminal appealacquittal appealhouse trespassabductionoutraging modestyconflicting versionsbenefit of doubtsentence reduction
  Summary & questions settled

  This matter concerns two criminal appeals: one by convicts challenging their conviction for house trespass, abduction, and outraging modesty, and another by the complainant challenging the acquittal of respondents regarding murder charges. The core legal questions were whether the prosecution sufficiently proved the charges of abduction and outraging modesty, and whether the trial court erred in acquitting the respondents of murder despite the existence of conflicting versions of the incident. The Federal Shariat Court upheld the convictions for house trespass, abduction, and outraging modesty, finding the evidence credible, though it reduced the sentences. Regarding the murder charge, the Court dismissed the appeal against acquittal, noting that the complainant's testimony was contradictory and failed to exclude the possibility that a third party committed the crime. The Court affirmed that when two conflicting versions of an incident exist, the court must sift the evidence to determine the more probable account, and an acquittal should not be disturbed where the prosecution fails to conclusively identify the perpetrator or where significant doubts remain regarding the evidence.

  Questions settled

  • Can an appellate court reduce the sentence of a convict if the evidence for conviction is credible but the original sentence is excessive?
  • Should an acquittal be overturned when the prosecution fails to conclusively identify the perpetrator of a murder?
  • How should a court evaluate a case where the prosecution and the defense present two mutually exclusive versions of the same incident?
  Read full judgment →
• Muhammad Younas and 4 others vs The State and others2007 P Cr. L J 1262 · Federal Shariat Court · 2007-04-12
  criminal appealhouse trespassabductionoutraging modestymurder acquittalbenefit of doubtconflicting versionsappreciation of evidence
  Summary & questions settled

  This judgment disposes of two criminal appeals arising from a trial court judgment concerning charges of murder, house trespass, abduction, and outraging the modesty of a woman. The first appeal was filed by the convicted appellants challenging their conviction under sections 452, 365, and 354 of the Pakistan Penal Code 1860, while the second appeal was filed by the complainant seeking enhancement of sentences and challenging the acquittal of the accused on murder charges under sections 302, 148, and 149 of the Pakistan Penal Code 1860 and section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The core legal questions involved the appreciation of conflicting versions of the incident, the reliability of eyewitness testimony, and the justification for interfering with an acquittal by the trial court. The Federal Shariat Court upheld the convictions for house trespass, abduction, and assault, while slightly modifying the sentences, and dismissed the appeal against the acquittal of murder, holding that the prosecution failed to establish the identity of the actual assailant beyond reasonable doubt in light of cross-evidence and material discrepancies. The key principle laid down is that where two plausible versions exist and the prosecution fails to conclusively prove the identity of the offender or establish guilt beyond a reasonable doubt, the acquittal or benefit of the doubt granted by the trial court will not be interfered with.

  Questions settled

  • Whether an appellate court can interfere with an acquittal for murder when the prosecution fails to establish the identity of the actual assailant beyond reasonable doubt?
  • Can concurrent convictions for house trespass, abduction, and assault be sustained on the basis of credible and corroborated eyewitness testimony?
  • Whether conflicting versions presented by the prosecution and the defence require the court to sift grain from the chaff to determine the truth?
  • Does the non-production of material eyewitnesses create sufficient doubt to warrant the dismissal of an appeal against an acquittal?
  Read full judgment →
• Muhammad Saleem Arshad and another vs The State2007 P Cr. L J 50 · Federal Shariat Court · 2006-10-02
  Zina-bil-RazaOffence of ZinaCriminal appealEvidentiary value of medical reportsBurden of proofConfessional statementHudood laws
  Summary & questions settled

  This appeal challenges the conviction of the appellants under Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, for the alleged commission of Zina-bil-Raza. The core legal question was whether the act of a married woman leaving her matrimonial home in the company of another man, combined with medical reports indicating sexual activity, constitutes sufficient evidence to sustain a conviction for Zina. The Federal Shariat Court set aside the convictions, holding that the trial court’s decision was based on surmises and conjectures. The Court established the principle that a woman leaving her home with a man does not inherently imply an intent to commit Zina, as such actions may stem from various personal reasons. Furthermore, the Court ruled that medical and chemical reports regarding sexual intercourse lack evidentiary value in establishing Zina-bil-Raza unless the act itself is proven, particularly when no semen grouping was performed to link the accused. Consequently, the Court found the prosecution's evidence insufficient to meet the required burden of proof, leading to the acquittal of the appellants.

  Questions settled

  • Does the act of a married woman leaving her home in the company of another man constitute sufficient evidence to prove the offense of Zina-bil-Raza?
  • Can medical reports indicating sexual intercourse establish the offense of Zina-bil-Raza in the absence of evidence linking the specific accused?
  • Is a conviction for Zina sustainable based solely on the presence of semen without semen grouping analysis?
  Read full judgment →
• Muhammad Raheem alias Abdul Raheem vs The State2007 P Cr. L J 704 · Federal Shariat Court · 2006-12-01
  harrabahidentification paradebenefit of doubtcriminal appealdelayed FIRappreciation of evidence
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant for the offence of harrabah under the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The core legal question was whether the uncorroborated and belated identification of the masked accused, in the absence of a formal identification parade and fraught with unnatural claims of scuffling with armed dacoits at night, was sufficient to sustain a conviction beyond reasonable doubt. The Federal Shariat Court allowed the appeal and set aside the conviction, holding that material loopholes in the prosecution's evidence, the delayed naming of the accused after more than two years through a belated application, and the failure to hold an identification parade create insurmountable doubts regarding the identity of the culprit. The court laid down the principle that prosecution must establish its case beyond a shadow of doubt, and mere absence of prior enmity between the parties cannot substitute for positive, credible proof of guilt.

  Questions settled

  • Whether a conviction for harrabah can be sustained solely on a belated identification of an accused without holding a formal identification parade?
  • Does the absence of prior enmity between the complainant and the accused relieve the prosecution of its burden to positively prove the case beyond reasonable doubt?
  • Whether the uncorroborated testimony of eyewitnesses claiming to have unmasked armed dacoits during a nighttime scuffle is legally credible?
  Read full judgment →
• Muhammad Raheem alias Abdul Raheem and another vs State and another2007 PLJ FSC 36 · Federal Shariat CourtRead full judgment →
• Muhammad Nadeem alias Deemi and anothers vs State2007 PLJ FSC 87 · Federal Shariat Court · 2007-04-17
  minor appellantsretracted confessionjudicial confessionpolice custody delayjuvenile offendercriminal appealextra-judicial confession
  Summary & questions settled

  This judgment disposes of two jail criminal appeals filed by minor appellants Muhammad Nadeem and Muhammad Sabir against their convictions and sentences handed down by the Sessions Judge, Lahore, in a widely publicized serial murder case involving the main accused, Javed Iqbal Mughal. The core legal questions pertained to the voluntariness, reliability, and admissibility of the appellants' retracted judicial confessions, the unexplained inordinate delay in recording them while in police custody, and the procedural legality of the trial and examination under Section 342 of the Code of Criminal Procedure 1898. The Federal Shariat Court held that the judicial confessions of both minor appellants were tainted by police custody delays, improper judicial warnings, and coercion, lacking material independent corroboration, and that the trial court erred in putting voluminous extraneous material to the minors under Section 342. The court accepted the appeals, set aside the convictions and sentences, and ordered the immediate release of the appellants.

  Questions settled

  • Whether an unexplained inordinate delay in recording a judicial confession of a minor in police custody destroys its evidentiary value?
  • Can a conviction be safely based on a retracted judicial confession without independent material corroboration?
  • Whether extraneous circumstances and evidence unrelated to an accused can be put to them during an examination under Section 342 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Muhammad Javed and another vs The State2007 P Cr. L J 1605 · Federal Shariat Court · 2007-06-07
  extra-judicial confessionlast-seen evidenceretracted confessionchild witnesscircumstantial evidencecriminal appealsodomymurderreasonable doubt
  Summary & questions settled

  This criminal appeal challenges the convictions of two appellants for the murder and sodomy of two minor children. The core legal question concerns whether a conviction can be sustained primarily on the basis of a retracted extra-judicial confession made by a nine-year-old minor and circumstantial last-seen evidence. The Federal Shariat Court held that the prosecution failed to prove its case beyond reasonable doubt. The court emphasized that extra-judicial confessions, particularly those that are retracted or made by minors, must be received with extreme caution and require strong independent corroboration to be reliable. Furthermore, the court observed that last-seen evidence is a weak form of circumstantial evidence that, in the absence of other compelling proof, is insufficient to support a conviction. The court noted the susceptibility of child testimony to tutoring and the lack of independent, credible witnesses. Consequently, the court set aside the trial court's judgment, acquitted the appellants, and dismissed the related criminal revisions, establishing that convictions cannot rest on dubious, uncorroborated evidence that fails to exclude reasonable hypotheses of innocence.

  Questions settled

  • Can a conviction be sustained solely on the basis of a retracted extra-judicial confession made by a minor?
  • Is last-seen evidence sufficient to establish guilt beyond reasonable doubt in the absence of other corroborative evidence?
  • Does a joint confession by co-accused hold evidentiary value against the other?
  • What is the standard of scrutiny required for the testimony or confession of a child of tender age?
  Read full judgment →
• Muhammad Hanif vs The State2007 P Cr. L J 126 · Federal Shariat Court · 2006-10-02
  Zina-bil-Jabrgang rapematerial contradictionsmedical corroborationbenefit of the doubtcriminal appealHudood laws
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Kasur, whereby the appellant was convicted under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced to seven years rigorous imprisonment. The core legal question involved the reliability and credibility of the prosecution evidence regarding the commission of gang rape, specifically concerning material contradictions between the statements of the complainant and the victim, alongside lack of corroboration from medical and chemical examiner reports. The Federal Shariat Court accepted the appeal and set aside the conviction and sentence, holding that massive loopholes, material contradictions in ocular testimony, and the absence of supporting medical evidence demolish the prosecution's case. The key principle laid down is that where the testimony of ocular witnesses suffers from irreconcilable contradictions regarding the core manner of the occurrence and is uncorroborated by medical or forensic evidence, the benefit of the doubt must be extended to the accused, resulting in acquittal.

  Questions settled

  • Whether material contradictions between the statements of the complainant and the victim can be fatal to the prosecution case in a charge of Zina-bil-Jabr?
  • Does the absence of supporting medical and chemical examiner reports weaken the prosecution's case in sexual assault trials?
  • Whether an interested and contradictory ocular testimony can form the sole basis for a conviction under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979?
  Read full judgment →
• Muhammad Fayyaz and another vs Islamic Republic of Pakistan through Secretary, Ministry of Religious Affairs, Islamabad and 4 others2007 PLD Federal Shariat Court 1 · Federal Shariat Court · 2007-06-08Read full judgment →
• Muhammad and another vs The State and another2007 P Cr. L J 1640 · Federal Shariat Court · 2007-05-10
  Qazfimputation of Zinaoption of pubertydefamationchildhood marriagefatwahudood
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Mianwali, whereby the appellants were convicted and sentenced to eighty stripes each under section 7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, for repeatedly imputing Zina to the second respondent through complaints, police reports, newspapers, and pamphlets. The core legal question involved whether the appellants established the truth of their imputation of Zina based on an alleged childhood marriage and option of puberty. The Federal Shariat Court held that the appellants failed to establish the existence of any valid childhood marriage or that the imputation fell under the exceptions to Qazf, noting further that fatwas from religious scholars are not binding on courts of law. The court upheld the conviction and sentence, dismissing the appeal and canceling the appellants' bail.

  Questions settled

  • Does a fatwa issued by a religious scholar carry binding legal effect on a court of law?
  • What is the burden of proof when a person makes an imputation of Zina against another?
  • Is there a prescribed manner, form, or procedure under which the option of puberty may be exercised by a female Muslim?
  • Whether the failure to establish a childhood marriage renders an accusation of Zina against a married woman punishable under the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979?
  Read full judgment →
• Muhammad and another vs State and another2007 PLJ FSC 70 · Federal Shariat Court · 2007-05-10
  QazfZinaOption of pubertyDefamationFatwaBurden of proofFalse accusation
  Summary & questions settled

  This appeal challenges the conviction of the appellants for the offense of Qazf under the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, following repeated, unsubstantiated allegations of Zina against the complainant. The core legal question was whether the appellants’ accusations, based on a disputed childhood marriage, constituted Qazf or fell under the exception of truth and public good. The Federal Shariat Court held that the appellants failed to establish the existence of the alleged childhood marriage or the truth of their imputations. The Court affirmed that a Fatwa is not binding on a court of law and does not constitute legal proof. Furthermore, the Court clarified that there is no specific prescribed procedure for a female to exercise the option of puberty. Finding the accusations malicious, defamatory, and unsupported by evidence, the Court upheld the conviction and sentence of 80 stripes, emphasizing that the burden of proof for the truth of an imputation lies squarely upon the person making it.

  Questions settled

  • Is a Fatwa issued by a religious scholar binding on a court of law?
  • Does the law prescribe a specific form or procedure for a female to exercise the option of puberty?
  • Upon whom does the burden of proof lie when an imputation of Zina is made and the maker claims the exception of truth?
  Read full judgment →
• Muhammad Akram and another vs The State2007 P Cr. L J 219 · Federal Shariat Court · 2006-11-20
  dacoityHudood Ordinanceplea of alibireduction of sentenceeyewitness testimonycriminal appealarmed robbery
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Punjgur, whereby the appellants were convicted under section 20 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 392 of the Pakistan Penal Code 1860, and sentenced to ten years' rigorous imprisonment with fine. The core legal question involved the appreciation of evidence regarding identification, eyewitness accounts, and the tenability of the plea of alibi raised by one of the appellants. The Federal Shariat Court held that the prosecution successfully established the guilt of the appellants through firm and unshaken ocular testimony, while rejecting the plea of alibi as unsupported by documentary proof of hospital admission. The court affirmed the conviction but reduced the sentence to five years' rigorous imprisonment on compassionate grounds considering the youth and circumstances of the appellants. The key principle laid down is that minor contradictions do not discredit an otherwise reliable eyewitness account, and a plea of alibi must be strictly substantiated by credible and consistent evidence.

  Questions settled

  • Whether a plea of alibi based on an out-patient medical certificate without proof of hospital admission is sufficient to rebut clear eyewitness testimony?
  • Can minor and negligible contradictions in prosecution evidence vitiate a conviction for dacoity?
  • Whether appellate courts can reduce a sentence on compassionate grounds such as the youth and family responsibilities of the convicts?
  Read full judgment →
• Muhammad Akram & another vs State2007 PLJ FSC 14 · Federal Shariat Court · 2006-11-20
  dacoityplea of alibiappreciation of evidencereduction of sentencehudood ordinanceeyewitness testimonycriminal appeal
  Summary & questions settled

  This criminal appeal arises from a judgment of the Additional Sessions Judge, Punjgur, convicting the appellants under Section 20 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with Section 392 of the Pakistan Penal Code 1860, sentencing them to ten years rigorous imprisonment each with fine. The core legal questions involved the credibility of eyewitness testimony, the veracity of the plea of alibi raised by one of the appellants, and the quantum of sentence. The Federal Shariat Court evaluated the testimonies of the injured complainant, eyewitnesses, medical evidence, and police officials, ultimately rejecting the plea of alibi as unsupported by the defense's own medical certificate. The court held that the prosecution successfully proved its case beyond reasonable doubt, maintaining the conviction. However, considering mitigating circumstances such as the appellants' youth and status as family breadwinners, the court reduced the sentence to five years rigorous imprisonment each with a reduced fine, granting the benefit of Section 382-B of the Code of Criminal Procedure 1898. The key principle laid down is that a plea of alibi must be strictly proved by reliable and consistent evidence, and minor, negligible contradictions in prosecution evidence do not vitiate an otherwise solid case.

  Questions settled

  • Whether a plea of alibi supported only by an outpatient medical certificate advising rest without proof of hospital admission is tenable?
  • Do minor and negligible contradictions in the testimonies of prosecution witnesses vitiate an otherwise reliable prosecution case?
  • Can appellate courts reduce a sentence on compassionate grounds considering the youth and family responsibilities of the convicts?
  • Whether the benefit of Section 382-B of the Code of Criminal Procedure 1898 is applicable upon conviction for dacoity?
  Read full judgment →
• Mst. Siraja and another vs The State2007 P Cr. L J 227 · Federal Shariat Court · 2006-12-04
  ZinaHudood Ordinancecriminal appealcircumstantial evidencechemical reportburden of proofconviction set aside
  Summary & questions settled

  This appeal challenges the conviction of two appellants, Mst. Siraja and Aziz-ur-Rehman, under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, by the Sessions Judge/Zila Qazi, Swat. The core legal question was whether the prosecution had sufficiently established the charge of Zina beyond reasonable doubt based on circumstantial evidence, witness testimony, and medical/chemical reports. The Federal Shariat Court held that the prosecution failed to prove the charge. The Court noted that while witnesses testified to seeing the appellants together, there was no evidence of them living together or committing the act. Furthermore, the Court found the chemical report unreliable because the medical examination occurred after the appellant's husband had returned to Pakistan, casting doubt on the origin of the semen detected. Consequently, the Court set aside the convictions and ordered the immediate release of the appellants. The key principle laid down is that in criminal cases, particularly those involving Hudood offenses, conviction cannot rest on suspicion or prior alleged conduct; the prosecution must provide concrete, reliable evidence linking the accused to the specific criminal act charged.

  Questions settled

  • Can a conviction for Zina be sustained solely on the basis of circumstantial evidence and witness testimony regarding prior illicit relations?
  • Does the presence of semen on medical swabs constitute conclusive proof of Zina if the collection process is procedurally compromised?
  • Is a conviction under the Offence of Zina (Enforcement of Hudood) Ordinance 1979 valid when the prosecution fails to establish that the accused lived together or were caught in the act?
  Read full judgment →
• Mst. Siraja and another vs State2007 PLJ FSC 18 · Federal Shariat Court
  zinaadulterychemical examiner reportcircumstantial evidencecriminal appealhudood ordinance
  Summary & questions settled

  These connected criminal appeals were filed against the judgment of the Sessions Judge/Zila Qazi, Swat, which convicted the appellants under Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, sentencing them to six years' rigorous imprisonment. The prosecution's case was initiated by the first appellant's son, who alleged that his mother had been enticed away for zina by the second appellant. The prosecution relied on testimonies of the first appellant's children regarding past illicit relations, sightings of the appellants together, and a chemical examiner's report detecting semen on the first appellant's swabs. The Federal Shariat Court, on evaluating the evidence, noted that the prosecution failed to prove the appellants cohabited or committed zina during the period of disappearance. The court observed that the chemical report was highly doubtful as the swabs were taken after the first appellant's husband had returned and she had been living at home. Holding that suspicion cannot replace legal proof, the Court allowed the appeals and set aside the convictions.

  Questions settled

  • Can a conviction for zina be sustained solely on the basis of past illicit relations and sightings of the accused together without proof of the actual offense during the alleged period of disappearance?
  • Does a chemical report detecting semen on vaginal swabs carry corroborative value if the swabs were taken after the accused woman had reunited with her husband?
  • Can the testimony of a witness identifying a woman in a burqa at a hotel suffice to establish the identity of the accused without a proper identification parade?
  Read full judgment →
• Mst. Roshan B1131 and another vs The State2007 P Cr. L J 1792 · Federal Shariat Court · 2007-02-08
  Zinaretracted confessionjudicial confessioncorroborationcriminal appealHudood Ordinanceacquittal
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellants, Mst. Roshan Bibi and Anwar, for the offence of Zina under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The appellants were sentenced to ten years' rigorous imprisonment and fines by the trial court. The core legal question was whether the prosecution had sufficiently proven the charge of Zina beyond reasonable doubt, particularly in the absence of direct evidence and given the retracted judicial confession of the female appellant. The Court held that the prosecution failed to establish the offence. The judicial confession, having been retracted, lacked corroboration, and the chemical examiner's report was negative for human sperms. Furthermore, the Court found procedural irregularities regarding the recording of the confession. Consequently, the Court set aside the convictions and acquitted both appellants. The key principle laid down is that a retracted confession of a co-accused or a sole accused, without strong, independent corroborative evidence, cannot form the foundation for a criminal conviction, especially when procedural safeguards during the recording of such confessions are not strictly observed.

  Questions settled

  • Can a conviction for Zina be sustained solely on a retracted judicial confession without independent corroborative evidence?
  • Does a confession of a co-accused constitute sufficient evidence to form the foundation of a conviction?
  • What is the evidentiary value of a retracted confession under Section 164 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Mehar Ali Shah vs The State2007 P Cr. L J 1242 · Federal Shariat Court · 2007-04-30
  murder convictionretracted confessionplea of alibieye-witness testimonycriminal appealrobberydelayed confession
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant for murder under Section 302(b) of the Pakistan Penal Code 1860, following a robbery incident where the deceased was killed and another injured. The core legal questions concerned the evidentiary value of a delayed, retracted judicial confession and the validity of the appellant's plea of alibi. The Federal Shariat Court held that while the delayed and retracted confession was unsafe to rely upon, the prosecution's case was sufficiently established through the testimony of natural eye-witnesses and the appellant's arrest on the spot. The Court rejected the alibi defense, finding it to be an afterthought and inconsistent with the evidence, noting that the appellant failed to raise the plea during cross-examination of prosecution witnesses. The Court affirmed the conviction, establishing the principle that a plea of alibi must be consistent and substantiated, and that the failure to raise such a plea during the cross-examination of prosecution witnesses significantly undermines its credibility. The conviction and sentence were upheld, with the benefit of Section 382-B of the Code of Criminal Procedure 1898 granted.

  Questions settled

  • Can a conviction be sustained solely on the basis of a delayed and retracted judicial confession?
  • Does the failure to raise a plea of alibi during the cross-examination of prosecution witnesses undermine the credibility of that defense?
  • Is a plea of alibi valid when the evidence supporting it is inconsistent and contradictory?
  Read full judgment →
• Mehar Ali Shah vs State2007 PLJ FSC 52 · Federal Shariat Court · 2007-04-30
  murderdacoityspot arrestdelayed confessionretracted confessionplea of alibieyewitness testimonycriminal appeal
  Summary & questions settled

  This criminal appeal challenges the judgment of the First Additional Sessions Judge, Thatta, convicting the appellant under Section 302(b) of the Pakistan Penal Code 1860 and sentencing him to imprisonment for life along with compensation under Section 544(A) of the Code of Criminal Procedure 1898. The prosecution case arose from a dacoity wherein an intruder opened fire, resulting in the death of one person and injuries to another, and the appellant was apprehended at the spot by neighbors and police. The core legal questions involved the evidentiary value of a delayed and retracted judicial confession and the sustainability of the appellant's plea of alibi. The Federal Shariat Court held that while a delayed and retracted confession alone is insufficient for conviction, the eyewitness testimony, spot-arrest, and recovery of the weapon successfully established guilt, and the plea of alibi was an afterthought. The appeal was accordingly dismissed, upholding the conviction with the benefit of Section 382-B of the Code of Criminal Procedure 1898.

  Questions settled

  • What is the evidentiary value of a judicial confession recorded after a considerable delay and subsequently retracted by the accused?
  • Whether an accused can be convicted solely on the basis of a delayed and retracted confession without corroborative evidence?
  • How does the failure to put a plea of alibi to prosecution witnesses during cross-examination affect the credibility of the defense?
  • Does the apprehension of an accused at the spot by local residents and police constitute sufficient proof of involvement in a crime?
  Read full judgment →
• Khavind Bux and another vs The State2007 P Cr. L J 470 · Federal Shariat Court · 2006-12-12
  Offence of Zina (Enforcement of Hudood) Ordinancesale of human beingbenefit of doubtforced marriageappellate jurisdictioncriminal appealfederal shariat court
  Summary & questions settled

  These criminal appeals challenge the judgment of the District and Sessions Judge, East Karachi, convicting the appellants under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal questions involve whether the female appellant willfully engaged in Zina or was a victim of coercion and circumstances, and whether the prosecution proved the charge of selling a human being for immoral purposes against the male appellant. The Federal Shariat Court held that the prosecution failed to establish that the female appellant was a willing party to the illicit intercourse, noting she was a helpless individual manipulated by relatives and strangers, thus extending her the benefit of the doubt. Regarding the male appellant, the Court found the oral allegations of a monetary transaction for the sale of a person uncorroborated and doubtful, as no receipt existed and independent witnesses were withheld. Consequently, both appeals were accepted, the convictions and sentences were set aside, and the appellants were acquitted of the charges.

  Questions settled

  • Whether a woman who is constrained by circumstances and manipulated by others can be convicted under Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979?
  • Is the uncorroborated oral testimony regarding the payment of money sufficient to sustain a conviction for selling a person under Section 13 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979?
  • Does a failure by the prosecution to produce available independent witnesses regarding a monetary transaction render the charge doubtful?
  Read full judgment →
• Khavind Bux & and another vs State2007 PLJ FSC 29 · Federal Shariat Court · 2006-12-12
  zina enforcement of hudood ordinancesale of human beingbenefit of the doubtforced marriageappellate criminal jurisdictionreappraisal of evidencefederal shariat court
  Summary & questions settled

  These criminal appeals challenge the judgment of the District and Sessions Judge, Karachi East, convicting the appellants under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Appellant Khavind Bux was convicted under Section 13 for allegedly selling the female appellant for illicit intercourse, and Mst. Nasreen Bibi was convicted under Section 10(2) for consensual zina following an alleged forced marriage. The core legal question was whether the prosecution proved beyond reasonable doubt that the female appellant willingly entered into an unlawful marriage or committed zina, and whether appellant Khavind Bux received a monetary consideration for her sale. The Federal Shariat Court held that the prosecution failed to establish the female appellant was a willing party, as she was a helpless victim manipulated by relatives and strangers under duress, and also failed to prove the alleged financial transaction or sale against Khavind Bux. Consequently, the court set aside the convictions and sentences, extending the benefit of the doubt to both appellants and acquitting them.

  Questions settled

  • Whether a conviction under Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 can be sustained when the accused woman was acting under duress and helplessness?
  • Does the uncorroborated oral assertion of cash payment without receipts or independent witnesses suffice to prove the offence of selling a person under Section 13 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979?
  • Is an accused entitled to the benefit of the doubt when the prosecution fails to establish willingness and free consent in a charge of consensual sexual intercourse?
  Read full judgment →
• Kamal Din alias Bagga and 2 others vs The State2007 P Cr. L J 1408 · Federal Shariat Court · 2007-05-11
  Zina-bil-Jabrchild victimconsent under duressenhancement of sentenceappreciation of evidenceOffence of Zina Ordinance
  Summary & questions settled

  This common judgment disposes of three criminal appeals and one criminal revision against the judgment of the Additional Sessions Judge, Ferozewala, convicting the appellants for offences under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal questions involved the assessment of evidence in child-victim rape cases, the reliability of retracted or inconsistent statements, and the determination of consent versus coercion under severe threats. The Federal Shariat Court held that the conviction of the child victim (Mst. Asima Bibi) was unsustainable as she was a minor subjected to intimidation and threats by a trusted family friend, and further found the evidence against a co-accused (Kamal Din) insufficient and unreliable. However, the court upheld and enhanced the conviction and sentence of the main accused (Shahbaz Ahmed), ruling that the offence constituted Zina-bil-Jabr falling under section 10(3) of the Ordinance. The key principles laid down include that a child's failure to immediately report a sexual assault due to death threats does not amount to consent, and that courts must carefully sift evidence in sexual assault cases rather than rejecting statements outright.

  Questions settled

  • Can a minor victim's failure to immediately disclose rape due to severe threats from an adult be construed as consent?
  • Whether the statement of an accused recorded under section 340(2) of the Code of Criminal Procedure 1898 must be accepted or rejected in its entirety?
  • Does a delay of several months in lodging an F.I.R. in a case involving a minor victim of Zina-bil-Jabr under threats stand explained by the circumstances?
  • Whether an appellate court can enhance the sentence of a convict upon a revision petition filed by the complainant?
  Read full judgment →
• Jehangir and 2 others vs The State2007 P Cr. L J 1730 · Federal Shariat Court · 2007-06-07
  abductionZina-bil-Jabrocular evidencemedical evidencecriminal appealinterested witnessesconviction
  Summary & questions settled

  This criminal appeal challenges the conviction and sentencing of the appellants for offences including abduction, causing hurt, and Zina, following a trial court judgment. The core legal questions concern the reliability of eyewitness testimony, the credibility of the prosecution's narrative regarding the abduction and subsequent sexual assault, and the validity of the appellants' defense of false implication and lack of visibility at the crime scene. The Court held that the prosecution's case was established beyond reasonable doubt, supported by consistent ocular accounts from multiple injured witnesses, medical evidence corroborating the injuries, and chemical reports confirming sexual intercourse. The Court rejected the defense's arguments regarding visibility and false implication, finding the eyewitness testimony credible and corroborated by physical evidence. The principle laid down is that where eyewitness testimony is consistent, corroborated by medical evidence, and remains unshaken during cross-examination, it is sufficient to sustain a conviction, even if the defense alleges enmity or procedural irregularities in the investigation.

  Questions settled

  • Can a conviction be sustained based on eyewitness testimony if the defense alleges the witnesses are interested and the occurrence took place in darkness?
  • Does medical evidence corroborating injuries and chemical reports confirming sexual intercourse sufficiently corroborate the ocular account of an abduction and rape?
  • Is the benefit of Section 382-B of the Code of Criminal Procedure 1898 applicable to sentences of imprisonment in criminal appeals?
  Read full judgment →
• Iqbal Masih and another vs The State2007 P Cr. L J 1375 · Federal Shariat Court · 2007-05-10
  murdersodomyextra-judicial confessionlast-seen evidencebenefit of the doubtcapital punishmentcriminal appealmurder reference
  Summary & questions settled

  These criminal appeals and murder reference arose from a judgment of the trial court convicting the appellants for offences including murder, sodomy, and causing disappearance of evidence. The core legal question was whether the circumstantial evidence, extra-judicial confessions, last-seen evidence, and alleged recoveries were sufficient to prove the guilt of the accused beyond a reasonable doubt. The Federal Shariat Court held that the prosecution failed to establish its case beyond reasonable doubt due to unnatural delays in reporting by last-seen witnesses, contradictions regarding the extra-judicial confession including the testimony of a court witness who negated it, unnatural circumstances surrounding the alleged recoveries, and unexplained silence of close relatives during the search for the victim. Consequently, the court extended the benefit of the doubt to the appellant, set aside his conviction and death sentence, and answered the murder reference in the negative, establishing that uncorroborated, delayed testimonies and doubtful extra-judicial confessions cannot sustain a capital conviction.

  Questions settled

  • Whether an extra-judicial confession contradicted by a court witness and suffering from unexplained delay in reporting can form the basis of a conviction in a capital case?
  • Does the unexplained silence of witnesses who allegedly saw the deceased with the accused days before the discovery of the body render the last-seen evidence unreliable?
  • Is the recovery of a deceased person's ordinary belongings from the house of the accused after a significant lapse of time sufficient to corroborate a murder charge?
  • When should the benefit of the doubt be extended to an accused in a criminal trial?
  Read full judgment →
• Iqbal Masih and another vs State2007 PLJ FSC 118 · Federal Shariat Court · 2007-05-10
  criminal appealextra-judicial confessionlast-seen evidencebenefit of doubtmurder referencesodomyrecovery evidenceacquittal
  Summary & questions settled

  This matter involves criminal appeals against the judgment of the Additional Sessions Judge, Gujranwala, which convicted the appellants for murder and sodomy, sentencing one to death and imprisonment. The core legal question was whether the prosecution evidence, primarily consisting of extra-judicial confessions, 'last-seen' evidence, and recovery of incriminating items, was sufficient to prove guilt beyond a reasonable doubt. The Federal Shariat Court held that the prosecution failed to establish the appellants' guilt. The Court found the extra-judicial confession suspicious because it was allegedly made before the body was discovered, yet the witnesses failed to report it immediately. Furthermore, the 'last-seen' evidence was deemed unreliable as the witnesses, who were relatives of the complainant, failed to disclose this information during the victim's search. Finally, the Court ruled that the recovery of the deceased's belongings from the appellant's house after a significant delay was unnatural and lacked credibility. Consequently, the Court set aside the convictions, acquitted the appellants, and answered the murder reference in the negative, emphasizing that the benefit of doubt must be extended to the accused.

  Questions settled

  • Does an extra-judicial confession lose credibility if the witnesses fail to report it immediately upon discovery of the crime?
  • Is 'last-seen' evidence reliable when the witnesses are close relatives who failed to disclose the information during the initial search for the victim?
  • Can a conviction be sustained based on the recovery of incriminating items from the accused's premises after a significant delay?
  • What is the effect on the prosecution's case when a court-witness contradicts the testimony of prosecution witnesses regarding an alleged extra-judicial confession?
  Read full judgment →
• Haq Nawaz and another vs The State2007 P Cr. L J 1022 · Federal Shariat Court · 2005-02-14
  Zina-bil-RazaZina-bil-Jabrelopementabductionbenefit of doubtOffence of Zina (Enforcement of Hudood) Ordinance, 1979criminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction of two appellants under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The prosecution alleged that the appellants abducted the victim, Mst. Zainab Bibi, for the purpose of Zina. The core legal question was whether the prosecution evidence sufficiently established the charges of abduction and Zina beyond reasonable doubt. Upon review, the Federal Shariat Court found the evidence against one appellant, Muhammad Ameer, insufficient, noting the improbability of his involvement alongside his mother, and acquitted him. Regarding the second appellant, Haq Nawaz, the Court observed that the victim traveled by train and resided in Karachi for a month without raising an alarm or seeking assistance despite numerous opportunities. Consequently, the Court held that the incident was a case of elopement and consensual sexual intercourse rather than abduction. The conviction was modified from Zina-bil-Jabr to Zina-bil-Raza under section 10(2) of the Ordinance, and the conviction under section 16 was set aside. The judgment reinforces that failure to report an abduction during transit or stay indicates consent.

  Questions settled

  • Does the failure of an alleged abductee to raise an alarm during travel or stay in populated areas negate the charge of abduction?
  • Can a conviction under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 be converted to Section 10(2) based on evidence of elopement?
  • Is the benefit of doubt applicable when the prosecution fails to prove the specific role of an accused in an alleged abduction?
  Read full judgment →
• Haji vs State2007 PLJ FSC 50 · Federal Shariat Court · 2006-08-17
  criminal appealevidence on oathright of accusedremandtrial proceedings vitiatedstatement of accused
  Summary & questions settled

  This criminal appeal challenges the judgment of the District and Sessions Judge Mirpurkhas convicting the appellant to ten years rigorous imprisonment. The core legal question concerns the failure of the trial court to allow or record the appellant's evidence on oath as undertaken by him under Section 340(2) of the Code of Criminal Procedure, despite the trial judge later adversely noting the absence of such evidence in the judgment. The Federal Shariat Court held that an accused who pleads not guilty has a right to give evidence on oath in disproof of the charges, and it is the duty of the court to record such evidence or formally record the accused's refusal in writing. Consequently, the appellate court set aside the conviction and remanded the case back to the trial court for recording the appellant's statement on oath if desired, followed by a fresh judgment within sixty days. The key principle laid down is that disregarding an accused's expressed desire to give evidence on oath under Section 340(2), Code of Criminal Procedure vitiates the trial proceedings and requires a remand.

  Questions settled

  • Does the failure of a trial court to record the evidence on oath of an accused who expressed willingness under Section 340(2) vitiate the proceedings?
  • Is it mandatory for the trial court to record the refusal in writing if an accused decides not to examine himself on oath?
  • What is the legal effect when a trial judge uses the non-examination of the accused on oath against him without providing an opportunity?
  Read full judgment →
• Ashraf Gul and another vs The State2007 P Cr. L J 815 · Federal Shariat Court · 2007-01-18
  narcotics possessioncriminal appealinvestigation irregularityCode of Criminal ProcedureControl of Narcotic Substances Actlife imprisonmentprejudice to accusedC.I.A. investigation
  Summary & questions settled

  This appeal challenged the conviction of the appellants for the possession of 90 kilograms of Charas, resulting in life imprisonment. The appellants contended that the investigation conducted by C.I.A. personnel, who lacked authorization under Section 156(1) of the Code of Criminal Procedure 1898, rendered the proceedings void ab initio. They further argued that the sentence of life imprisonment was excessively harsh. The Federal Shariat Court held that while the C.I.A. officials were technically unauthorized to conduct the investigation, this irregularity did not vitiate the trial because the appellants failed to demonstrate any prejudice, thereby invoking the curative provision of Section 156(2) of the Code of Criminal Procedure 1898. Regarding the sentencing, the Court affirmed the life imprisonment, noting that the Control of Narcotic Substances Act, 1997 mandates a minimum sentence of life imprisonment for possession of narcotics exceeding ten kilograms. The Court emphasized that statutory minimums must be strictly enforced and that the lack of public witnesses was justified by the isolated location of the recovery. The appeals were dismissed.

  Questions settled

  • Does an investigation conducted by unauthorized C.I.A. personnel automatically vitiate a criminal trial?
  • Can an irregularity in the investigation process be cured under Section 156(2) of the Code of Criminal Procedure 1898?
  • What is the minimum sentence for the possession of narcotics exceeding ten kilograms under the Control of Narcotic Substances Act, 1997?
  • Is the absence of public witnesses fatal to a prosecution case when the recovery occurs in an area with no human habitation?
  Read full judgment →
• Ashiq Ali and another vs The State and others2007 P Cr. L J 989 · Federal Shariat Court · 2007-03-16
  Qatl-e-Amdrobberystatement under section 164 Cr.P.C.unavailability of eyewitnessenhancement of sentenceappellate jurisdictionconfession and statement on oath
  Summary & questions settled

  This judgment disposes of a criminal appeal against conviction and a revision petition for enhancement of sentence arising from a judgment passed by the Additional Sessions Judge, Karachi. The appellant was convicted under Section 302(b) of the Pakistan Penal Code 1860 for the Qatl-e-Amd of two persons and under Section 392 of the Pakistan Penal Code 1860 for robbery, receiving concurrent sentences of imprisonment for life along with compensation and fine. The core legal question revolved around the evidentiary value of a statement recorded under Section 164 of the Code of Criminal Procedure 1898 on oath when the sole eyewitness/complainant became unavailable during the trial. The Federal Shariat Court held that a statement on oath under Section 164 of the Code of Criminal Procedure 1898, where the accused had the opportunity to cross-examine, stands at a higher pedestal than a bare statement and possesses attributes of trial evidence, sufficiently establishing guilt when corroborated by medical and recovery evidence. The appeal and revision for enhancement of sentence were consequently dismissed.

  Questions settled

  • What is the evidentiary value of a statement recorded under section 164 of the Code of Criminal Procedure 1898 on oath when the complainant is unavailable at trial?
  • Whether the absence of the sole eyewitness from the trial proceedings vitiates a conviction if corroborated by other circumstantial and medical evidence?
  • Can an appellate court enhance a sentence of life imprisonment to death in the presence of mitigating circumstances?
  • Whether failure to name an accused in the First Information Report is fatal to the prosecution case when the name is subsequently disclosed in statements under sections 161 and 164 of the Code of Criminal Procedure 1898?
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• Ansar Ali and another vs The State2007 P Cr. L J 56 · Federal Shariat Court · 2006-10-06
  sodomyunnatural offencecriminal appealdelayed F.I.R.medical evidencechemical examiner reportappreciation of evidence
  Summary & questions settled

  This criminal appeal arises from a judgment of the Additional Sessions Judge, Sialkot, convicting the appellants under Section 377 of the Pakistan Penal Code 1860 for the offence of sodomy. The appellants challenged their conviction and sentence, primarily arguing that the case was fabricated due to previous enmity and that the prosecution witnesses were unreliable. The core legal question was whether the prosecution had sufficiently proven the charge of sodomy beyond reasonable doubt, despite a delay in lodging the First Information Report and the existence of prior disputes between the parties. The Federal Shariat Court upheld the conviction, finding that the victim's testimony was corroborated by medical and chemical examiner reports, which remained unrebutted. The Court held that while attempts at a village compromise (Punchait) were made, such efforts do not negate the commission of a heinous crime against society and the State once an F.I.R. is registered. The Court affirmed that the trial court correctly evaluated the evidence, including the unreliable testimony of the defense witness.

  Questions settled

  • Does an attempt at a village compromise (Punchait) invalidate a criminal prosecution for a heinous offence once an F.I.R. has been registered?
  • Can a conviction for sodomy be sustained based on the victim's testimony when corroborated by medical and chemical examiner reports, despite a delay in reporting the crime?
  • Is the testimony of a defense witness who failed to approach the police during the investigation period sufficient to create doubt in the prosecution's case?
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• Amjad Farooq and another vs The State2007 P Cr. L J 238 · Federal Shariat Court · 2006-11-27
  Zinainvestigationmandatory provisionsillegal arrestnullity in lawSuperintendent of PoliceCode of Criminal Procedure
  Summary & questions settled

  This revision petition challenges an order by the Additional Sessions Judge, Kamalia, which dismissed the petitioners' application under Section 265-K of the Code of Criminal Procedure 1898 for acquittal in a case involving allegations of Zina. The core legal question was whether the investigation and subsequent arrest of the petitioners, conducted by a police officer below the rank of Superintendent of Police without prior court permission, violated the mandatory requirements of Section 156-B of the Code of Criminal Procedure 1898. The Federal Shariat Court held that the provisions of Section 156-B are mandatory and constitute a condition precedent when a woman is accused of Zina. The Court ruled that any investigation conducted by an officer below the rank of Superintendent of Police in such cases is a nullity in law, and arrests made without court permission are illegal ab initio. The Court set aside the trial court's order, emphasizing that special provisions regarding investigation and arrest in Zina cases override general procedural powers, rendering the trial court's failure to apply these mandatory provisions a legal error.

  Questions settled

  • Does Section 156-B of the Code of Criminal Procedure 1898 mandate that only a Superintendent of Police can investigate a Zina case involving a woman?
  • Is an arrest made in a Zina case without the permission of the Court illegal under Section 156-B of the Code of Criminal Procedure 1898?
  • Does the special provision of Section 156-B of the Code of Criminal Procedure 1898 override the general provisions of Section 4 of the Code of Criminal Procedure 1898 regarding investigation powers?
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• Amjad Farooq and another vs State2007 PLJ FSC 1 · Federal Shariat Court · 2006-11-27
  revision petitionacquittalzinainvestigation by superintendent of policeillegal arrestnikahnamahudood laws
  Summary & questions settled

  This revision petition arises out of an order passed by the Additional Sessions Judge dismissing the petitioners' application under Section 265-K of the Code of Criminal Procedure 1898 for acquittal in a case involving allegations under the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The core legal questions related to whether the mandatory provisions of Section 156-B of the Code of Criminal Procedure 1898—requiring investigation by a police officer not below the rank of Superintendent of Police and prior court permission for the arrest of a woman accused of Zina—were violated, and whether the trial court erred in ignoring prima facie evidence of a valid marriage (Nikahnama) between the accused. The Federal Shariat Court allowed the revision petition and set aside the impugned order of the trial court. The court laid down the principle that the procedural safeguards under Section 156-B of the Code of Criminal Procedure 1898 are mandatory, rendering any investigation conducted by an officer below the rank of Superintendent of Police and any arrest made without court permission a nullity in law.

  Questions settled

  • Whether investigation conducted by a police officer below the rank of Superintendent of Police in a Zina case involving a woman violates Section 156-B of the Code of Criminal Procedure 1898?
  • Can a woman accused of the offence of Zina be arrested without the prior permission of the Court under Section 156-B of the Code of Criminal Procedure 1898?
  • Does failure to comply with the mandatory provisions of Section 156-B of the Code of Criminal Procedure 1898 render the investigation and arrest a nullity in law?
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• Amanullah and another vs The State2007 P Cr. L J 517 · Federal Shariat Court · 2007-01-09
  Zina-bil-Jabrextra-judicial confessioncircumstantial evidencemurderrapecriminal appealcorroborationrecovery of weapon
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellants for the rape and murder of a minor girl, Mst. Nasreen, under Section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and Section 302(b) of the Pakistan Penal Code, 1860. The core legal questions concerned the admissibility and weight of an extra-judicial confession, the sufficiency of circumstantial evidence in an unwitnessed occurrence, and the credibility of witnesses who were relatives of the deceased. The Federal Shariat Court upheld the convictions, holding that while an extra-judicial confession is a weak piece of evidence, it may form the basis of a conviction if it is voluntary, credible, and corroborated by independent evidence, such as the recovery of incriminating weapons and blood-stained clothing. The Court affirmed that circumstantial evidence, including the appellants being seen near the crime scene, sufficiently excluded the hypothesis of innocence. The key principle laid down is that even a retracted extra-judicial confession can validly support a conviction in Tazir cases if the court is satisfied it was made voluntarily and is supported by sufficient independent corroboration.

  Questions settled

  • Can a conviction be based on an extra-judicial confession if it is corroborated by other independent evidence?
  • Does the presence of multiple accused during the making of separate confessions constitute a joint confession?
  • Can a retracted confession form the sole basis of conviction in Tazir cases?
  • Is the testimony of witnesses who are related to the victim inherently unreliable?
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• Amanullah and another vs State2007 PLJ FSC 40 · Federal Shariat Court · 2007-01-09
  extra-judicial confessioncircumstantial evidencerape and murderHudood Ordinancejuvenile offenderretracted confessionrecovery of weapon
  Summary & questions settled

  This appeal arises from the judgment of the Sessions Judge/Juvenile Court, Dera Ghazi Khan, convicting the appellants under Section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and Section 302(b) read with Section 34 of the Pakistan Penal Code, 1860, sentencing each to life imprisonment. The core legal question involved the appreciation of circumstantial evidence, including extra-judicial confessions, recoveries of a blood-stained shirt and weapon of offence, and ocular testimony in an unwitnessed case of rape and murder of a minor deaf and dumb girl. The Federal Shariat Court dismissed the appeal and held that when extra-judicial confessions are voluntarily made to a credible witness and receive strong independent corroboration from reliable circumstantial evidence and recoveries, they validly form the basis of a conviction. The court laid down that the testimony of natural witnesses related to the victim cannot be discarded merely due to their relation when it is unshaken in cross-examination, and that minor accused may be awarded lesser sentences like life imprisonment instead of death where mitigating factors warrant.

  Questions settled

  • Can an extra-judicial confession form the sole basis of a conviction in the absence of independent corroboration?
  • Whether the testimony of a related witness can be discarded solely on the ground of their relationship with the deceased?
  • Does the failure of a complainant to nominate an accused in the initial FIR create an absolute bar against their subsequent conviction based on circumstantial evidence?
  • Can a retracted or extra-judicial confession be relied upon in Tazir cases if found to be voluntarily made and corroborated?
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• Ali Ahmad and another vs The State2007 P Cr. L J 73 · Federal Shariat Court · 2006-10-06
  Zina-bil-JabrSection 342 Cr.P.C.joint examination of accusedcriminal appealprocedural illegalityfair trialOffence of Zina (Enforcement of Hudood) Ordinance, 1979
  Summary & questions settled

  This criminal appeal challenges the conviction and sentences imposed by the Additional Sessions Judge, Burewala, against the appellants under Sections 10(3) and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The appellants were sentenced to life imprisonment and ten years' rigorous imprisonment, respectively. The core legal question before the Federal Shariat Court was whether the trial court’s joint examination of multiple accused persons under Section 342 of the Code of Criminal Procedure 1898, rather than conducting separate and independent examinations for each, constituted a fatal procedural illegality. The Court held that the trial court committed a gross illegality and judicial impropriety by failing to examine each accused person individually. Relying on established precedents, the Court determined that a joint examination of several accused persons vitiates the entire trial. Consequently, the Court set aside the convictions and sentences, directing the immediate release of the appellants. The judgment reaffirms the mandatory principle that Section 342, Code of Criminal Procedure 1898 requires the separate and independent examination of every accused person to ensure a fair trial and prevent prejudice.

  Questions settled

  • Does the joint examination of multiple accused persons under Section 342 of the Code of Criminal Procedure 1898 vitiate a trial?
  • Is a written statement by an accused a valid substitute for the mandatory examination under Section 342 of the Code of Criminal Procedure 1898?
  • Must a trial court examine each accused person separately and independently under Section 342 of the Code of Criminal Procedure 1898?
  Read full judgment →
• Ajab Khan vs The State2007 P Cr. L J 1648 · Federal Shariat Court · 2007-06-07
  Hudood OrdinanceTazkiyah-al-Shahoodstolen propertyred-handed apprehensionamputation sentencecriminal appeal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge-X, Peshawar, convicting the appellant under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 412 of the Pakistan Penal Code 1860, and sentencing him to rigorous imprisonment, fine, and amputations. The core legal question was whether the conviction under the Hudood Ordinance was sustainable in the absence of the legal requirement of Tazkiyah-al-Shahood. The Federal Shariat Court held that while the conviction and sentence under section 412 of the Pakistan Penal Code 1860 were properly based on reliable eyewitness and recovery evidence establishing the appellant was caught red-handed, the conviction under the Hudood Ordinance could not be sustained due to the non-fulfillment of Tazkiyah-al-Shahood under section 7(b) of the Ordinance. Consequently, the Court set aside the conviction under the Hudood Ordinance while upholding the conviction and sentence under the Pakistan Penal Code 1860, and answered the connected reference in the negative.

  Questions settled

  • Whether a conviction under section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance 1979 is sustainable without the fulfillment of Tazkiyah-al-Shahood?
  • Can a conviction and sentence under section 412 of the Pakistan Penal Code 1860 be upheld when the accused is caught red-handed with stolen money?
  • Is the absence of Tazkiyah-al-Shahood fatal to a hudood punishment requiring strict evidentiary standards?
  Read full judgment →
• Ajab Khan vs State2007 PLJ FSC 59 · Federal Shariat Court · 2007-06-07
  Hudood OrdinanceTazkiyah-al-Shahoodrobberystolen propertycriminal appealamputationstandard of proof
  Summary & questions settled

  This criminal appeal challenged the conviction and sentence imposed by the trial court under Section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, and Section 412 of the Pakistan Penal Code 1860. The appellant, having been apprehended with stolen money, was sentenced to amputation and imprisonment. The core legal question was whether the conviction under the Hudood Ordinance was sustainable given the evidentiary requirements of the statute. The Federal Shariat Court upheld the conviction under Section 412 of the Pakistan Penal Code 1860, confirming the sentence of imprisonment and fine. However, the court set aside the conviction under Section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The key principle laid down is that a conviction under the Hudood Ordinance cannot be sustained where the mandatory evidentiary requirement of 'Tazkiyah-al-Shahood,' as contemplated under Section 7(b) of the Ordinance, has not been fulfilled by the prosecution. Consequently, while the general penal conviction remained valid, the specific Hudood-based punishment was overturned due to insufficient compliance with statutory evidentiary standards.

  Questions settled

  • Can a conviction under the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 be sustained without fulfilling the requirement of Tazkiyah-al-Shahood?
  • Is a conviction under Section 412 of the Pakistan Penal Code 1860 valid when the prosecution fails to meet the evidentiary standards for a Hudood offence?
  • Does the failure to satisfy Tazkiyah-al-Shahood under Section 7(b) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 necessitate the setting aside of a conviction under said Ordinance?
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• Ahmad Khan and others vs The State2007 P Cr. L J 488 · Federal Shariat Court · 2006-11-03
  abductionenticementbenefit of doubtcriminal appealZina Hudood Ordinance
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Shikarpur, whereby the appellants were convicted under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced to imprisonment and whipping. The core legal question was whether the prosecution successfully established the essential ingredients of taking or enticing away a woman with the intent that she may have illicit intercourse with any person under Section 16 of the Ordinance. The Federal Shariat Court held that the prosecution failed to prove both the abduction/enticement and the requisite intent, noting critical flaws including delayed F.I.R., dubious confessional statements, lack of medical evidence of violence, and the absence of any recovery of weapons. Consequently, the court accepted the appeals, set aside the convictions, and acquitted the appellants. The key principle laid down is that to sustain a conviction under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, the prosecution must conclusively establish the co-existence of taking or enticing away a woman and the specific intention of illicit intercourse, failing which the accused is entitled to the benefit of doubt.

  Questions settled

  • What are the essential ingredients that the prosecution must establish to secure a conviction under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979?
  • Does an inordinate delay in lodging the F.I.R. after the recovery of the alleged abductee provide a valid ground for extending the benefit of doubt to the accused?
  • Can a conviction under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 be sustained when the prosecution fails to prove the co-existence of taking away a woman and the intention of illicit intercourse?
  • What is the evidentiary value of a statement recorded under Section 164 of the Code of Criminal Procedure when the recording magistrate is uncertain whether it was given under compulsion?
  Read full judgment →
• Ahmad Khan and others vs State2007 PLJ FSC 25 · Federal Shariat Court · 2006-11-03
  abductionOffence of Zina (Enforcement of Hudood) Ordinancebenefit of doubtcriminal appealconsentacquittal
  Summary & questions settled

  This criminal appeal arises from a judgment of the Additional Sessions Judge, Shikarpur, convicting the appellants under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, for abduction with intent to commit illicit intercourse. The core legal questions involve whether the prosecution successfully established the essential ingredients of Section 16, specifically the taking or enticing away of a woman coupled with the requisite intent, and whether the cumulative effect of evidentiary gaps entitled the accused to the benefit of the doubt. The Federal Shariat Court held that the prosecution failed to prove either the abduction or the unlawful intent, noting a delay in lodging the FIR, contradictory statements regarding consent, the lack of violence marks in the medical report, and the absence of weapon recoveries. Consequently, the court accepted the appeals, set aside the convictions, and acquitted the appellants, laying down the principle that both the taking away and the illicit intent must co-exist to sustain a conviction under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

  Questions settled

  • What are the essential ingredients that the prosecution must establish to secure a conviction under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979?
  • Does a delay in lodging the First Information Report combined with doubtful confessional statements warrant the extension of the benefit of the doubt to the accused?
  • Can a conviction for abduction with intent to commit illicit intercourse be sustained when the prosecution fails to prove the necessary intent and the abductee is found to be a consenting party?
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• Adeel Faiz and another vs The State2007 P Cr. L J 497 · Federal Shariat Court · 2006-11-24
  criminal appealdacoityidentification paradebenefit of the doubtjuvenile offenderrigorous imprisonmentpolice disclosure
  Summary & questions settled

  This criminal appeal arises from judgments convicting the appellants under section 392 of the Pakistan Penal Code 1860 for forcibly snatching a pickup truck. The core legal questions involved the credibility of identification where the accused were muffled, the absence of an identification parade, procedural lapses, and the legality of sentencing a juvenile to rigorous imprisonment under the Juvenile Justice System Ordinance 2000. The Federal Shariat Court held that cumulative discrepancies, lack of identification parades, and unreliable disclosure evidence entitle the appellants to the benefit of the doubt, resulting in their acquittal. Furthermore, the court held that under section 12 of the Juvenile Justice System Ordinance 2000, a child cannot be awarded rigorous imprisonment or forced to labor. The key principle laid down is that material loopholes and the absence of identification for muffled accused necessitate acquittal, and juvenile offenders are statutorily protected from rigorous imprisonment.

  Questions settled

  • Whether the absence of an identification parade for muffled accused persons creates a fatal loophole in the prosecution's case?
  • Can a juvenile offender be awarded rigorous imprisonment or ordered to labor under the Juvenile Justice System Ordinance 2000?
  • Does a disclosure statement made while in police custody for a separate crime suffice to maintain a conviction for dacoity without corroborative recovery or identification?
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• Adeel Faiz and another vs State2007 PLJ FSC 62 · Federal Shariat Court · 2006-11-24
  criminal appealjuvenile offenderbenefit of the doubtidentification paraderigorous imprisonmentdacoityinconsistent evidenceacquittal
  Summary & questions settled

  This judgment disposes of criminal appeals filed by appellants Adeel Faiz and Mir Ahmad against their conviction and sentence under Section 392 of the Pakistan Penal Code 1860 passed by the Sessions Judge (Ad-hoc), Quetta. The core legal questions involved the reliability of identification evidence, lack of identification parade, and the legality of awarding rigorous imprisonment to a juvenile offender under the Juvenile Justice System Ordinance, 2000. The Federal Shariat Court accepted the appeals, set aside the convictions, and ordered the immediate release of the appellants. The court held that cumulative loopholes, discrepancies in prosecution evidence, lack of identification parade, and failure to connect the accused through credible evidence entitled them to the benefit of the doubt. The court further laid down the principle that a child within the meaning of the Juvenile Justice System Ordinance, 2000 cannot be awarded rigorous imprisonment or sentenced to labor, as such punishments violate the express statutory protection granted to juveniles.

  Questions settled

  • Can a juvenile offender be awarded rigorous imprisonment or sentenced to labor under the Juvenile Justice System Ordinance, 2000?
  • Does the absence of an identification parade and uncorroborated police disclosure memos warrant the benefit of the doubt and acquittal in a dacoity case?
  • Whether material discrepancies and loopholes in prosecution testimony regarding muffled assailants are sufficient to set aside a conviction?
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• Abdul Ghafoor vs State2007 PLJ FSC 5 · Federal Shariat Court · 2005-10-17
  Hudood lawscircumstantial evidenceconfession of co-accusedrobberyqatl-e-amdTazkiya-tul-Shuhooddeath sentencecriminal appeal
  Summary & questions settled

  This criminal appeal challenged the conviction and death sentence imposed by the trial court under Section 17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, for the robbery and murder of a taxi driver. The core legal question was whether a conviction under the Hudood Ordinance could be sustained absent the specific evidentiary requirements of a plea of guilt or Tazkiya-tul-Shuhood, and whether circumstantial evidence could support a conviction under the Pakistan Penal Code. The Federal Shariat Court held that the conviction under the Hudood Ordinance was legally flawed as the statutory proof requirements under Section 7 were not satisfied. However, the Court determined that the prosecution had established the appellant's guilt through an unbroken chain of circumstantial evidence, including the recovery of the victim's property and the taxi from the appellant, and the admissible confession of co-accused. Consequently, the Court altered the conviction to Section 302(b) and Section 392 of the Pakistan Penal Code 1860, upholding the death sentence. The judgment establishes that strict adherence to statutory evidentiary standards is mandatory for Hudood convictions, but failure to meet them does not preclude conviction under general penal laws if the offence is otherwise proven.

  Questions settled

  • Can a conviction under the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 be sustained without a plea of guilt or Tazkiya-tul-Shuhood?
  • Is the confession of a co-accused admissible as circumstantial evidence against an accused under Article 43 of the Qanun-e-Shahadat Order 1984?
  • Can an appellate court alter a conviction from the Hudood Ordinance to the Pakistan Penal Code 1860 if the offence is proven by circumstantial evidence?
  • Does the requirement of Tazkiya-tul-Shuhood apply to the proof of qatl-e-amd for the purpose of qisas?
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• Zakir Hussain vs The State2006 P Cr. L J 619 · Federal Shariat Court · 2005-11-24
  Zina-bil-JabrZina-bil-Razaconsentdelayed FIRmedical evidencesentence reductionwhipping
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant, Zakir Hussain, under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, for the alleged commission of Zina-bil-Jabr. The prosecution alleged that the appellant lured the victim to a house under false pretenses and committed rape. The trial court convicted the appellant, sentencing him to ten years' rigorous imprisonment and thirty stripes. Upon appeal, the Federal Shariat Court examined the evidence, noting a significant, unexplained delay in lodging the First Information Report. Furthermore, the medical evidence revealed no signs of violence or torn clothing, casting doubt on the allegation of force. The Court held that the prosecution failed to prove the element of compulsion, suggesting the victim was a consenting party. Consequently, the Court altered the conviction from Zina-bil-Jabr (Section 10(3)) to Zina-bil-Raza (Section 10(2)). The Court also set aside the sentence of whipping, citing its illegality under the Abolition of Whipping Act, 1996, and reduced the imprisonment term to two years, imposing a fine.

  Questions settled

  • Does the absence of physical injuries or torn clothing in a rape allegation support a finding of consent?
  • Can a conviction for Zina-bil-Jabr be altered to Zina-bil-Raza based on the lack of evidence regarding force?
  • Is a sentence of whipping legally permissible under the Abolition of Whipping Act, 1996?
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• Zakir Hussain vs State2006 PLJ FSC 24 · Federal Shariat Court · 2005-11-24
  zina-bil-jabrzina-bil-razadelayed FIRconsentwhipping sentencecriminal appealHudood laws
  Summary & questions settled

  The appellant challenged his conviction under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979, which resulted in a sentence of ten years rigorous imprisonment and thirty stripes for zina-bil-jabr. The prosecution alleged the appellant lured the victim to a house under false pretenses and committed rape while her brothers were nearby. The defense argued that the one-week delay in filing the FIR, the absence of physical injuries or torn clothing on the victim, and the implausibility of the scenario suggested consent. The Federal Shariat Court observed that the unexplained delay in reporting and the lack of physical evidence of resistance strongly indicated the possibility of consent. Consequently, the Court held that the prosecution failed to establish the element of force required for zina-bil-jabr. The conviction was altered from Section 10(3) to Section 10(2) of the Ordinance (zina-bil-raza). Furthermore, the Court set aside the sentence of whipping as it violated the Abolition of Whipping Act 1996, reducing the sentence to two years rigorous imprisonment and a fine.

  Questions settled

  • Does the absence of physical injuries or torn clothing on a victim in a rape case support a finding of consent?
  • Can a conviction under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 be altered to Section 10(2) if the element of force is not established?
  • Is a sentence of stripes or whipping legally permissible under the Abolition of Whipping Act 1996?
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• Yousaf Masih and another vs The State2006 P Cr. L J 776 · Federal Shariat Court · 2006-03-02
  ZinaHudood Ordinanceconversion to Islammens reabona fide beliefmarriagecriminal appealacquittal
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Rawalpindi, convicting the appellants under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and sentencing them to ten years' rigorous imprisonment. The prosecution alleged that the female appellant, a married Christian woman, eloped with the male appellant and committed Zina. The defence contended that both appellants had converted to Islam, that the female appellant's previous marriage stood dissolved upon conversion, and that they had entered into a valid marriage with each other, acting under a bona fide belief that they were lawful husband and wife. The core legal question was whether the appellants possessed the requisite mens rea for the offence of Zina when they cohabited under a bona fide belief of a valid marriage following conversion to Islam. The Federal Shariat Court accepted the appeal, set aside the conviction, and acquitted the appellants. The court held that the offence of Zina requires proof of intentional sexual intercourse without a valid or bona fide belief in a valid marriage, and that cohabitation under a genuine belief of lawful wedlock negates the criminal intent necessary for a conviction under the Ordinance.

  Questions settled

  • Whether the offence of Zina under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 requires proof of criminal intent or mens rea?
  • Can a conviction for Zina be sustained when the accused cohabit under a bona fide belief that they are lawfully married following conversion to Islam?
  • Does the conversion of a married non-Muslim woman to Islam automatically dissolve her previous marriage for the purpose of criminal liability under Hudood laws?
  • Is medical evidence of pregnancy sufficient by itself to prove the commission of intentional Zina beyond reasonable doubt?
  Read full judgment →
• Yousaf Masih and another vs State2006 PLJ FSC 168 · Federal Shariat Court · 2006-03-02
  ZinaHudood Ordinancemens reacriminal appealbona fide beliefconversion to Islammarriage validityacquittal
  Summary & questions settled

  This is a criminal appeal against the conviction and sentencing of the appellants under Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 for the alleged commission of Zina. The core legal question was whether the appellants, who had converted to Islam and entered into a marriage contract, could be convicted of Zina when they acted under a bona fide belief that their union was lawful, despite the woman's previous marriage. The Federal Shariat Court set aside the convictions and acquitted the appellants, finding that the prosecution failed to establish the necessary mens rea for the offence. The court held that to constitute the offence of Zina, criminal intent is essential; sexual intercourse committed by parties who believe themselves to be lawfully married—even if the marriage suffers from technical defects—does not satisfy the requirements for a Zina conviction. The court emphasized that in criminal proceedings, where two possibilities exist, the one favoring the accused must be adopted, and conviction cannot be sustained solely on the basis of pregnancy without proof of intentional illicit relations.

  Questions settled

  • Can a conviction for Zina be sustained where the accused parties acted under a bona fide belief that they were lawfully married?
  • Is pregnancy alone sufficient evidence to prove the commission of Zina?
  • Does the absence of criminal intent (mens rea) preclude a conviction under the Offence of Zina (Enforcement of Hudood) Ordinance 1979?
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• Yasin and another vs The State2006 P Cr. L J 440 · Federal Shariat Court · 2005-03-24
  criminal appealrobberyHarrabahocular evidencemedical evidenceconvictionfirearm injury
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellants for robbery and causing hurt to the complainant. The core legal question was whether the prosecution successfully established the guilt of the appellants beyond reasonable doubt through ocular, medical, and circumstantial evidence. The appellants were charged with attempting to forcibly snatch a taxi and inflicting a firearm injury on the driver, who had been lured under the pretext of hiring the vehicle. The Court held that the prosecution’s case was robust, as the complainant’s direct testimony was consistent, natural, and fully corroborated by medical evidence confirming the firearm injury and the recovery of the weapon. The Court found no infirmity in the trial court’s assessment of evidence, which correctly categorized the proof into ocular, medical, recovery, and circumstantial elements. Consequently, the Court dismissed the appeal, affirming the conviction and sentence. It further noted that while the State argued for a harsher sentence, it could not entertain such a request absent a formal appeal or revision filed by the State against the trial court's judgment.

  Questions settled

  • Can a conviction be sustained based on ocular evidence corroborated by medical and circumstantial evidence?
  • Does the appellate court have the authority to enhance a sentence in the absence of an appeal or revision filed by the State?
  • Is the identification of accused persons by the complainant sufficient to establish guilt when no motive for false implication is shown?
  Read full judgment →
• Yar Muhammad vs The State2006 P Cr. L J 396 · Federal Shariat Court · 2005-05-17
  confessional statementretracted confessioncorroborationtheft in dwelling househouse trespassconcurrent sentencescriminal appeal
  Summary & questions settled

  This criminal appeal arises from a judgment of the Additional Sessions Judge, Swat, convicting the appellant under section 380 of the Pakistan Penal Code 1860 read with section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and section 457 of the Pakistan Penal Code 1860, sentencing him to rigorous imprisonment on both counts. The core legal questions involved were whether a conviction can be sustained solely on a retracted confessional statement without corroboration, and whether separate sentences for theft and house trespass committed in the course of the same transaction should run concurrently. The Federal Shariat Court held that a voluntary and true confession can legally form the basis of a conviction even without corroboration, though in this case, independent recovery of robbed property provided ample corroboration. However, considering that the intention to commit theft served as the basis for enhanced punishment under the house trespass provision, the court ordered that the sentences of imprisonment for both offences shall run concurrently to avoid double jeopardy and excessive punishment, while dismissing the appeal on merits.

  Questions settled

  • Can a conviction be based solely on a retracted confessional statement?
  • Whether separate sentences under sections 380 and 457 of the Pakistan Penal Code 1860 should run concurrently when committed in the same transaction?
  • Is a voluntary and true confession legally sufficient to bring home a charge without corroboration?
  • Does the imposition of separate sentences for theft and house trespass arising from the same transaction amount to double jeopardy?
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• Yar Muhammad vs State2006 PLJ FSC 154 · Federal Shariat Court · 2005-05-17
  confessional statementretracted confessioncorroborationtheft in dwelling houselurking house-trespassconcurrent sentencesdouble jeopardy
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellant under Section 380 of the Pakistan Penal Code 1860 read with Section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance 1979 and Section 457 of the Pakistan Penal Code 1860, resulting in rigorous imprisonment and fines. The core legal questions involved the reliability of a retracted confessional statement, the necessity of its corroboration, and whether separate sentences for cognate offences committed in the same transaction should run concurrently. The Federal Shariat Court held that a voluntary and true confession can form the basis of a conviction, and when corroborated by the recovery of robbed property, it is legally sound. However, considering that house trespass was committed primarily to facilitate theft and to avoid double punishment, the Court upheld the convictions but ordered that the sentences of imprisonment run concurrently.

  Questions settled

  • Can a retracted confessional statement form the basis of a conviction without corroboration?
  • Whether the recovery of robbed property from the accused provides sufficient corroboration to a confessional statement?
  • Are separate sentences under Section 380 and Section 457 of the Pakistan Penal Code 1860 required to run consecutively or concurrently when committed in the same transaction?
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• Tarique alias Tahir alias Tahiro and another vs The State2006 P Cr. L J 1967 · Federal Shariat Court · 2006-09-26
  criminal revisionjurisdictional limitsentencing powerappellate jurisdictionOffences Against Property (Enforcement of Hudood) Ordinancejudicial magistratesentence reduction
  Summary & questions settled

  This criminal revision petition challenges the conviction and sentencing of two petitioners charged under Section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, read with Section 380 of the Pakistan Penal Code 1860. The trial court (Judicial Magistrate) sentenced the petitioners to three years of rigorous imprisonment, a sentence exceeding the Magistrate's jurisdictional limit of two years. Furthermore, the appellate court (Sessions Judge) erroneously entertained the appeal, despite the fact that sentences exceeding two years fall under the appellate jurisdiction of the Federal Shariat Court. The core legal question concerned the jurisdictional limits of the trial court to impose sentences under the Hudood Ordinance and the proper appellate forum for such cases. The Court held that the trial Magistrate lacked the jurisdiction to impose a sentence exceeding two years and that the Sessions Court lacked appellate jurisdiction in this instance. Consequently, the Court exercised its revisional powers to reduce the sentences to two years, aligning them with the Magistrate's jurisdictional capacity, while maintaining the fine and granting the benefit of Section 382-B, Code of Criminal Procedure 1898.

  Questions settled

  • Does a Judicial Magistrate have the jurisdiction to impose a sentence exceeding two years for an offence under the Offences Against Property (Enforcement of Hudood) Ordinance 1979?
  • Which court has appellate jurisdiction when a sentence imposed under the Offences Against Property (Enforcement of Hudood) Ordinance 1979 exceeds two years?
  • Can a High Court or Federal Shariat Court reduce a sentence in revision to bring it within the jurisdictional limits of the trial court?
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• Taj Muhammad alias Torak and others vs The State and otherss2006 P Cr. L J 854 · Federal Shariat Court · 2006-02-02
  murderjudicial confessionretracted confessionlast-seen evidencecommon intentionballistic reportcriminal appealdeath sentence
  Summary & questions settled

  This matter concerns two criminal appeals and a criminal revision arising from the conviction of appellants Taj Muhammad and Riaz for the murder of a lawyer, Abid Nadeem. The appellants challenged their convictions under Section 302(b) of the Pakistan Penal Code 1860, citing delayed FIR, retracted confessions, and alleged police coercion. The complainant sought enhancement of sentences. The core legal questions addressed whether a retracted confession, if voluntary, can form the sole basis for conviction, whether delay in lodging an FIR is fatal to the prosecution's case, and whether an accomplice sharing common intention is liable despite not directly inflicting the fatal blow. The Court held that the prosecution successfully proved its case through last-seen evidence, voluntary judicial confessions, recovery of the crime weapon, and ballistic reports. The Court affirmed that a voluntary confession, even if retracted, can sustain a conviction if corroborated by other evidence. Consequently, the Court dismissed the appeals and the revision, confirming the death sentence for Taj Muhammad and life imprisonment for Riaz, while answering the murder reference in the affirmative.

  Questions settled

  • Can a retracted judicial confession serve as the sole basis for a criminal conviction?
  • Does a delay in lodging an FIR automatically invalidate the prosecution's case?
  • Is an accused liable for murder under the principle of common intention if they did not directly inflict the fatal injury?
  • Does the recovery of crime weapons and ballistic evidence corroborate a confession?
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• Taj Muhammad alias Torak and others vs State2006 PLJ FSC 192 · Federal Shariat Court
  retracted confessiondelayed FIRlast-seen evidenceballistic reportcommon intentionmurder referencejudicial confession
  Summary & questions settled

  This matter concerns criminal appeals against convictions for murder under Section 302(b) of the Pakistan Penal Code 1860. The core legal questions involved the impact of delayed FIR registration, the evidentiary value of retracted judicial confessions, and whether such confessions require corroboration to sustain a conviction. The Court held that the convictions were sound, finding that the delay in lodging the FIR was adequately explained by the complainant’s fear of the accused. Regarding the confessions, the Court affirmed that a judicial confession, even if retracted, can form the sole basis for conviction if the court is satisfied it was made voluntarily and is true. The Court further established that in this case, the confession was sufficiently corroborated by circumstantial evidence, including last-seen testimony, the recovery of the murder weapon, and ballistic reports linking the weapon to the crime scene. Consequently, the Court dismissed the appeals, upheld the death sentence for the principal accused and life imprisonment for the accomplice, and confirmed the murder reference.

  Questions settled

  • Can a retracted judicial confession form the sole basis for a criminal conviction?
  • Does a delay in lodging an FIR automatically invalidate the prosecution's case?
  • Is corroboration of a judicial confession a legal requirement or a matter of judicial prudence?
  • Can an accused be convicted for murder based on common intention even if not directly responsible for the fatal act?
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• Syed Shabbir Hussain Kazmi and others vs Government of Pakistan and others2006 PLC (C.S.) 49 · Federal Shariat Court · 2005-10-10
  bonded labourShariat petitionIslamic InjunctionsPeshgi systemforced labourfundamental rightsbrick kiln industryrepugnancy
  Summary & questions settled

  This matter concerns eight Shariat petitions challenging the validity of the Bonded Labour System (Abolition) Act, 1992, specifically its definitions of "bonded debt," "bonded labour," "bonded labourer," and "bonded labour system," alongside sections 5, 6, 7, 8, and 11. The petitioners, brick kiln owners, argued these provisions were repugnant to the Injunctions of the Holy Quran and Sunnah, contending that the "Peshgi" (advance) system was based on valid contractual agreements. The core legal question was whether the statutory abolition of the bonded labour system and the associated debt extinguishment provisions violated Islamic law. The Federal Shariat Court held that the impugned provisions are not repugnant to Islamic Injunctions. The Court reasoned that the Act aligns with fundamental rights and Supreme Court directives, noting that the Peshgi system, as practiced, constitutes exploitative bondage. The Court affirmed that Islam mandates fair wages, prohibits the exploitation of laborers, and requires the fulfillment of contracts only when they are just and non-coercive. Consequently, the petitions were dismissed, and the Court emphasized the state's obligation to enforce the Act to eradicate forced labor.

  Questions settled

  • Are the definitions of 'bonded debt' and 'bonded labour' under the Bonded Labour System (Abolition) Act, 1992, repugnant to the Injunctions of Islam?
  • Does the abolition of the 'Peshgi' (advance) system by the Bonded Labour System (Abolition) Act, 1992, violate the Islamic principle of sanctity of contract?
  • Is the Bonded Labour System (Abolition) Act, 1992, consistent with the fundamental rights guaranteed under the Constitution of the Islamic Republic of Pakistan?
  • Can a contract that results in the exploitation of a laborer be considered valid under Islamic law?
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• Soomar Khan vs The State and anothers2006 P Cr. L J 422 · Federal Shariat Court · 2006-01-02
  direct complaintpreliminary inquirycriminal revisionregistration of FIRjudicial discretionSessions Court
  Summary & questions settled

  This criminal revision petition arose from the dismissal of a direct complaint by the II-Additional Sessions Judge, Shikarpur. The applicant had filed a complaint against a police officer, which was referred to a Magistrate for a preliminary inquiry. The Magistrate reported that a prima facie case existed for registration; however, the Additional Sessions Judge dismissed the complaint without providing adequate reasons for rejecting the Magistrate's findings. The core legal question was whether the Sessions Judge erred in dismissing the complaint despite the Magistrate's positive inquiry report. The Federal Shariat Court held that the impugned order was unsustainable because it failed to assign sufficient reasons for disregarding the preliminary inquiry report, which had established a prima facie case. The Court emphasized that at the preliminary inquiry stage, the focus is solely on determining if the evidence warrants registration of a case. Consequently, the revision was allowed, and the trial court was directed to register the case against the respondent and proceed in accordance with the law.

  Questions settled

  • Is a Sessions Judge required to provide reasons when rejecting a Magistrate's preliminary inquiry report in a direct complaint?
  • What is the scope of a court's duty at the stage of a preliminary inquiry regarding a direct complaint?
  • Can a revisional court set aside an order dismissing a complaint if the trial court failed to justify its disagreement with the preliminary inquiry findings?
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• Sikandar Ali vs Robina Kousar2006 CLC 1475 · Federal Shariat Court · 2006-04-14Read full judgment →
• Sajjad Ali vs The State2006 P Cr. L J 349 · Federal Shariat Court · 2005-09-16
  Zina-bil-Jabrlast-seen evidencecircumstantial evidencedeath sentencerelated witnessesrape and murdercriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentence imposed by the Additional Sessions Judge, Lahore, for the murder of a ten-year-old girl and the commission of Zina-bil-Jabr. The core legal questions concerned the sufficiency of circumstantial evidence, the credibility of related witnesses, and the justification for the death penalty. The prosecution relied on the "last-seen" evidence, where the appellant was observed locking the door and fleeing the crime scene, corroborated by medical evidence confirming rape and strangulation, and forensic reports showing blood and semen stains. The Federal Shariat Court held that the testimony of related witnesses is credible when consistent and natural, and that the absence of public witnesses does not invalidate the prosecution's case. The Court affirmed the conviction, ruling that the heinous nature of the crime—rape and murder of a minor relative—precluded any leniency. The principle laid down is that the testimony of related witnesses, if consistent and inspiring confidence, is sufficient for conviction, and that the commission of Zina-bil-Jabr against a minor warrants the maximum penalty without mitigation.

  Questions settled

  • Does the relationship of a witness to the deceased automatically disqualify their testimony in a criminal trial?
  • Is the testimony of related witnesses sufficient to sustain a conviction in the absence of independent public witnesses?
  • Can the death penalty be maintained for the offence of Zina-bil-Jabr combined with murder?
  • Does the failure to recover the key to a crime scene from the accused undermine the prosecution's case?
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• Sajjad Ali vs State2006 PLJ FSC 98 · Federal Shariat CourtRead full judgment →
• Saeed Ahmad and another vs The State2006 P Cr. L J 1311 · Federal Shariat Court · 2006-03-17
  zina-bil-jabrdelay in FIRmedical evidencechemical examiner reportbenefit of doubtappellate acquittalcorroboration
  Summary & questions settled

  This criminal appeal challenges the judgment of the trial court convicting the appellants under section 16 and section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal questions revolved around the evidentiary value of an inordinate delay in lodging the First Information Report, the medical corroboration required for the solitary statement of the prosecutrix in a rape case, and the reliability of chemical examiner reports following significant delays in sample analysis. The Federal Shariat Court held that an unexplained delay of 24 days in reporting the crime, combined with medical evidence indicating the victim was accustomed to sexual intercourse and scientific impossibility of detecting spermatozoa after more than 43 days, created serious doubts regarding the prosecution's case. The court laid down that a solitary statement of an alleged victim, unsupported by prompt reporting and contradicted by medical findings and scientific realities regarding semen persistence, is insufficient to sustain a conviction. Consequently, the appeal was allowed, and the appellants were acquitted on the benefit of the doubt.

  Questions settled

  • Whether an inordinate and unexplained delay in lodging the First Information Report is fatal to the prosecution's case in a charge of Zina-bil-Jabr?
  • Can a conviction for Zina-bil-Jabr be sustained on the solitary statement of the prosecutrix when it is contradicted by medical evidence and lacks independent corroboration?
  • What is the maximum period within which spermatozoa can be detected in the vagina following sexual intercourse according to medical jurisprudence?
  • Does a significant delay in sending vaginal swabs for chemical analysis destroy the evidentiary value of a positive chemical examiner report?
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• Saeed Ahmad and another vs State2006 PLJ FSC 255 · Federal Shariat Court · 2006-03-17
  zina-bil-jabrdelay in FIRmedical evidencechemical examiner reportbenefit of doubtcriminal appealhudood laws
  Summary & questions settled

  This criminal appeal challenges the judgment of the Additional Sessions Judge, Mailsi District Vehari, convicting the appellants under Sections 10(3) and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The core legal questions involved the credibility of the prosecutrix's solitary statement in the face of an inordinate and unexplained delay of 24 days in lodging the FIR, material contradictions with medical evidence regarding the victim's physical condition, and the evidentiary value of a Chemical Examiner's report obtained after a significant delay exceeding the scientific survival period of spermatozoa. The Federal Shariat Court held that the delay in reporting, lack of independent corroboration, medical findings inconsistent with the prosecutrix being a virgin, and delayed forensic analysis creating scientific impossibility of semen detection all cast grave doubt on the prosecution's case. Consequently, the court set aside the convictions and sentences, extending the benefit of the doubt to acquit the appellants.

  Questions settled

  • Whether an inordinate and unexplained delay of 24 days in lodging the First Information Report is fatal to the prosecution case in a charge of Zina-bil-jabr?
  • Does medical evidence showing a victim's vagina admitting two fingers easily after a month of the alleged occurrence contradict the claim of virginity and weaken the prosecution's case?
  • Can a Chemical Examiner's report detecting semen retain its evidentiary value when the vaginal swabs are analyzed more than 43 days after the alleged occurrence, exceeding the scientifically established survival period of spermatozoa?
  • Is the solitary statement of a prosecutrix sufficient to sustain a conviction under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, without independent corroboration when tainted by material improbabilities?
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• Riaz and others vs The State2006 P Cr. L J 235 · Federal Shariat Court · 2005-11-15
  robberyextortionconfessional statementtest identification paradesingle witness testimonycar snatchingcriminal appeal
  Summary & questions settled

  This judgment disposes of two connected criminal appeals filed against the conviction and sentence of the appellants under Section 392 of the Pakistan Penal Code 1860, read with Section 20 of the Offences Against Property (Enforcement of Hudood) Ordinance 1979. The core legal questions involved whether the retracted confessional statements of the appellants were sufficient for conviction, whether the testimony of a single witness required corroboration, and whether the established facts constituted robbery or extortion. The court held that the conviction was well-founded based on voluntary and true confessional statements, reliable ocular testimony of the complainant corroborated by medical evidence, and successful test identification parades. The court further held that the use of force and wrongful restraint in snatching the taxi from the complainant clearly constituted robbery under Section 390 of the Pakistan Penal Code 1860, rather than mere extortion. The appeals were accordingly dismissed.

  Questions settled

  • Can a conviction be recorded solely on the basis of a retracted confessional statement?
  • Is corroboration mandatory for the testimony of a single witness, or can a conviction be based on the solitary statement of a witness if it is reliable?
  • What are the distinguishing elements between theft, extortion, and robbery under the Pakistan Penal Code 1860?
  • Does the application of force and wrongful restraint to a victim while taking away a vehicle constitute robbery?
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• Riaz and others vs State2006 PLJ FSC 112 · Federal Shariat Court · 2005-11-15
  robberyextortionconfessional statementtest identification paradeocular testimonywrongful restraintcriminal appealOffences Against Property (Enforcement of Hudood) Ordinance
  Summary & questions settled

  This matter concerns two connected criminal appeals against a judgment of the Sessions Judge/Zilla Qazi, Malakand, convicting the appellants for robbery. The appellants challenged their conviction, arguing that the offense constituted extortion rather than robbery and that the complainant's solitary testimony was insufficient for conviction. The core legal questions were whether the appellants' actions satisfied the definition of robbery under the Pakistan Penal Code 1860 and whether the conviction could be sustained based on the evidence presented, including confessional statements and identification. The Federal Shariat Court dismissed the appeals, holding that the offense was indeed robbery, as the appellants used force and wrongful restraint to snatch the vehicle. The Court affirmed that robbery is an aggravated form of theft or extortion involving the use of force or fear of instant violence. Furthermore, the Court reiterated that a conviction may be based on the testimony of a single witness if reliable and confidence-inspiring, and that a retracted confession, if found voluntary and true, constitutes sufficient evidence for conviction when corroborated.

  Questions settled

  • Does the use of force or wrongful restraint during the commission of theft or extortion elevate the offense to robbery under Section 390 of the Pakistan Penal Code 1860?
  • Can a criminal conviction be sustained solely on the basis of the testimony of a single witness?
  • Is a retracted confession sufficient to support a conviction if it is found to be voluntary and true?
  • What is the distinguishing element between robbery and extortion under the Pakistan Penal Code 1860?
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• Riaz Ahmad vs State2006 PLJ FSC 271 · Federal Shariat Court · 2005-12-14
  zina-bil-jabrrapesuicide of victimadmissibility of police statementsection 161 Cr.P.C.eye-witness testimonycriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant under Sections 10(3) and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The prosecution case was that the appellant, along with co-accused, forcibly committed zina-bil-jabr with the victim, who subsequently committed suicide due to severe trauma. The core legal questions involved the admissibility of the deceased victim's statement recorded under Section 161 of the Code of Criminal Procedure, 1898, and whether the absence of the victim's direct testimony due to her death vitiated the conviction where direct eye-witness testimony was available. The Federal Shariat Court held that while a statement made to the police under Section 161 Cr.P.C. is not admissible under Article 46 of the Qanoon-e-Shahadat Order, 1984, the direct and natural eye-witness accounts of the complainant and his son, corroborated by medical and chemical examiner reports, were sufficient to prove the guilt beyond reasonable doubt. The court laid down that the non-availability of a victim who has committed suicide does not preclude a conviction where reliable direct eye-witness testimony and corroborative medical evidence exist.

  Questions settled

  • Whether a statement made to the police under Section 161 of the Code of Criminal Procedure, 1898 by a deceased person is admissible in evidence under Article 46 of the Qanoon-e-Shahadat Order, 1984?
  • Can a conviction for rape be sustained under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 when the victim has committed suicide and cannot be examined as a witness?
  • Does the suicide of the victim following an alleged rape constitute a relevant corroborative circumstance against the accused?
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