Kaneez Bibi vs State S — 2026 MLD 972 LAHORE-HIGH-COURT-LAHORE

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

Kaneez Bibi VS State S. 17---Qanun-e-Shahadat (10 of 1984), Art. 161---Rape---Application seeking permission to submit documentary evidence---Scope---Allegations of the petitioner were that the respondent raped her---Respondent denied the allegations and took a specific stance that he was validly married to the petitioner and no question of raping her existed---Petitioner sought permission to produce certain documents as evidence during trial of the said criminal case, but her petition was rejected---Validity---In the present case, it was the stance of respondent No. 3/accused that he was validly married to the petitioner and the fact in issue in the case was that whether the petitioner was raped by the respondent No.3.---Relevant fact, which was necessary to prove the fact in issue in this case was that whether the respondent No.3 was validly married to the petitioner---To prove the said fact, the respondent No. 3 had already questioned the prosecution witnesses---However, the petitioner, by way of production of documents, now also wanted to produce before the Court the documents in order to prove the relevant facts---Article 161 of the Qanun-e-Shahadat, 1984, itself allowed the Court to obtain proof of relevant facts by ordering the production of any document, however, it had been provided that the ultimate judgment of the case must be based on a fact duly proved and not otherwise---In this manner, the documents sought to be proved by the petitioner might be received in evidence but the question about their relevancy and proof shall be decided by the Trial Court and it would only be after the declaration of the Trial Court that the said documents were not only relevant but also duly proved that the same would be considered in any manner---Therefore, by merely allowing the petitioner to produce the said documents, no prejudice would be caused to the respondent No. 3 in his defence---Ultimate judgment to be passed by the Trial Court, shall be based upon the facts duly proved as provided under the Qanun-e-Shahadat, 1984, and not otherwise---Petition was allowed, accordingly.

Kaneez Bibi vs State S — 2026 MLD 972 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2026 MLD