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Mst. NABEELA vs State S — 2022 YLR 861 FEDERAL-SHARIAT-COURT

Case information

Citation
2022 YLR 861 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2022
Reporter
YLR
Parties
Mst. NABEELA vs State S
Subject matter
Criminal
Provisions referred to
S. 5---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. NABEELA VS State S. 5---Qazf of zina liable to hadd---Appreciation of evidence---Appeal against acquittal---Delay in lodging the complaint--- Scope--- Appellant filed complaint with the stance that her father filed an application to the police for conducting inquiry against respondent, who levelled false accusation against his daughter/appellant of committing zina/ fornication with a person, later on he failed to prove the said allegation, hence the complaint was filed---Record showed that the delay in filing the complaint against the accused in the court of law was considered fatal by the Trial Court in the case---Said approach of the Trial Court considering the delay in filing a complaint in Qazf cases fatal, like any other criminal trial, was utterly misplaced and wrong due to the nature of the alleged offence---Unlike other criminal cases, in Qazf the honour, reputation, respect, social norms and values associated with the victim and her whole family were deeply interlinked---Delay in filing a complaint was not only natural but permissible in Islamic Law in cases of Qazf---Circumstances established that the Trial Court had failed to make point or points for determination while passing the impugned judgment---Appeal was allowed by setting aside the impugned judgment and matter was remanded for de novo trial as per relevant law of Qazf.

Other judgments reported in 2022 YLR

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