Sofia Aslam vs State S — 2025 YLR 2138 FEDERAL-SHARIAT-COURT

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Sofia Aslam VS State S. 203-B---Offence of Qazf (Enforcement of Hudood) Ordinance (VIII of 1979), Ss. 3 & 5---Complaint of Qazf---Complaint filed by the petitioner before the Trial Court was dismissed after recording cursory statement of complainant and witnesses---Validity--- After filing the suit for declaration by respondent against the petitioner with allegations of zina, petitioner was left with no option but to vindicate her honor by filing a complaint of Qazf---Petitioner's cursory statement in that regard was duly recorded by the Trial Court along with cursory statements of her witnesses, stating therein specifically that respondent had levelled allegations of zina against her---In support of her cursory statement, petitioner tendered a copy of the suit for declaration filled by the respondent, in which he had levelled allegation of zina against her---Cursory statement made by the petitioner as well as her witnesses, prima facie, reflected the ingredients of the offence under S.3 of the Qazf Ordinance---According to cursory statements and suit for declaration, it appeared that respondent had disowned the child born---Same facts came within the circumferences of the Qazf Ordinance mentioned in the second explanation to S.5 of Qazf Ordinance---After recording cursory statement, the Trial Court in case of Qazf took into consideration the material substance of the statement---Allegation of zina/ adultery attributed to the complainant by the respondent was sufficient ground to summon the respondent, no other considerations were to be taken at that stage---Petitioner prima facie had made out a case of Qazf against the respondent as no deeper appreciation was required at the initial stage---Trial Court was required to summon the respondent as required by law, in the circumstances---Extraneous consideration taken by the Trial Court in the impugned order was not sustainable---Criminal revision petition was accepted, in circumstances.

Sofia Aslam vs State S — 2025 YLR 2138 FEDERAL-SHARIAT-COURT

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