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HIDAYAT KHAN vs State S — 2023 SCMR 172 SUPREME-COURT

Case information

Citation
2023 SCMR 172 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
SCMR
Parties
HIDAYAT KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---O; S. 8---C

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

HIDAYAT KHAN VS State S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 8---Constitution of Pakistan, Art. 185(3)---Zina liable to Hadd, kidnapping, abducting or inducting woman to compel for marriage etc.---Bail, grant of---Further inquiry---Accused was alleged to have eloped with the complainant's wife---Although in the FIR the complainant claimed that his wife on her own eloped with the accused but his information to such extent was based upon the information passed to him by someone and the FIR was silent regarding the source through which the complainant came to know about the involvement of the accused in the present case---Subsequently, two prosecution witnesses were examined by the police under section 161, Cr.P.C. that too after eight and four days respectively of the registration of the FIR who also claimed that they came to know about the involvement of the accused but did not disclose their source---Alleged wife of the complainant had not been arrested so far---Such circumstances clearly brought the case of the accused within the ambit of further inquiry under subsection (2) of section 497, Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed, and accused was granted bail.

Other judgments reported in 2023 SCMR

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