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; S. 5---C; S. 203-B; S. 6

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---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---Complainant had irrefutably fulfilled the requirement of being muhsan within the meaning of S. 5---Complainant presented her medical certificate proving her virginity---Although, it was not at all a necessary requirement for filing a complaint under S.203-B, Cr.P.C., only the statement of the complainant was sufficient because the presumption of chastity and piousness was attached to every adult woman and man in a Muslim society---Fundamental reason under Islamic law was that nobody is allowed to level any allegation directly or indirectly about the chastity of any woman or man without providing any proof, that too with the required level of standard mentioned in S. 6 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979---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.

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