Section 14 of Hadood Ordinance interpreted along with Constitutional Articles in this judgment of Federal Shariat Court...
Citation Name : 2010
PCrLJ 142 FEDERAL-SHARIAT-COURT
Side Appellant :
Mst. DURR-E-SHAHWAR BEGUM
Side Opponent : Haji
BAKHTAWAR SAID MUHAMMAD
Ss.
7 & 14---Constitution of Pakistan (1973), Art.203-DD---Trial Court, after inquiry
under S.202, Cr.P.C. in the private complaint, had framed the charge against
the accused respondent under S.14 of the Offence of Qazf (Enforcement of Hadd)
Ordinance, 1979, instead of S.7 thereof on the ground that accused had levelled
the charge of adultery and of bad character against the complainant petitioner
during subsistence of marriage between them and not after the
divorce---Validity---Matrimonial relationship between the parties had ended
when the accused had divorced the complainant and executed divorce deed, as
conceded by him in his written statements filed in the maintenance and dowry
suits of the complainant before the Family Court---Section 14 of the Offence of
Qazf (Enforcement of Hadd) Ordinance, 1979, thus, was not attracted to the
facts of the case---Complainant and accused were just a woman and a man and not
a wife and husband, when the accused in his said written statements and also
before his elder brother and a Punchayat in his own house, had allegedly made
imputation of Zina against the complainant explicitly stating that all of her
three child ren were illegitimate ---Action of accused, therefore, had clearly
attracted the provisions of Ss.6 & 7 of the Offence of the Qazf
(Enforcement of Hadd) Ordinance, 1979---Impugned order of Trial Court was
consequently set aside being untenable and the case was remanded to the said
Court with the direction to frame the charge under Ss.6 & 7 of the Offence
of Qazf (Enforcement of Hadd) Ordinance, 1979, and proceed with the case in accordance
with law---Revision petition was accepted accordingly.
No comments:
Post a Comment