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Initializing Secure Chambers
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Petitioner: MUHAMMAD BASHIR VS Respondent: StateHonorable Justice DR. ALLAMA KHALID MEHMOODM. Zaman Bhatti,Nemo
2007 S C M R 219
2007 S C M R 219
[Shariat Appellate Jurisdiction]
Present: Justice Javed Iqbal, Chairman, Justices Muhammad Nawaz Abbasi, Raja Fayyaz Ahmed, Dr. Allama Khalid Mehmood and Dr. Rashid Ahmed Jullundhari, Members
MUHAMMAD BASHIR and another---Petitioners
Versus
THE STATE---Respondent
Jail Petition No. 19(S) of 2004, decided on 28th December, 2005.
(On appeal from the judgment, dated 19-2-2004 passed by the Federal Shariat Court in Jail Criminal Appeal No.84-I of 2001).
Constitution of Pakistan (1973)---
----Art. 203-F---Penal Code (XLV of 1860), S.302(b)(c)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(3)- - Trial Court convicted and sentenced petitioner and Federal Shariat Court upheld judgment of the Trial Court---In absence of any point for interference in the judgment of Federal Shariat Court, petition for leave to appeal was dismissed and sentences awarded to accused, were upheld and maintained.
M. Zaman Bhatti, Advocate Supreme Court for Petitioners.
Nemo for Respondent.
Date of hearing: 28th December, 2005.
JUDGMENT
DR. ALLAMA KHALID MEHMOOD (MEMBER).---This jail petition is directed against the judgment, dated 19-2-2004, passed by the Federal Shariat Court, whereby the learned Federal Shariat Court upheld the judgment of the trial Court, dated 30-11-1995, passed by the learned Additional Sessions Judge, Faisalabad against the accused Muhammad Bashir under section 302(b), P.P.C. and under section 544-A, Cr.P.C. and the accused Muhammad Latif under section 302(c), P.P.C. and under section 544-A, Cr.P.C. Muhammad Latif is also convicted under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The case of the prosecution is that Mst. Ishrat along with her maternal grandmother Allah Rakhi was going to visit her elder sister in Ghakhar Mandi. The two accused abducted them and they took them to Chak Jhumra with the intention to rape Mst. Ishrat. When Muhammad Latif made sexual assault to forcibly commit Zina with her, the grandmother of Ishrat intervened and Muhammad Bashir murdered her and then he committed Zina-bil-Jabr with Mst. Ishrat.
3. The prosecution is fully successful in proving of her case and the learned Additional Sessions Judge, Faisalabad sentenced Muhammad Bashir accused under section 302(b) to death and twenty thousand rupees to the legal heirs of the deceased Mst. Allah Rakhi as compensation. The learned Sessions Judge sentenced Muhammad Latif, the accused to 25 years' R.I. under section 302(c). He is also convicted to 25 years' R.I. under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and to pay the victim a compensation of fifteen thousand rupees. The accused then appealed in the honourable Federal Shariat Court and a Full Bench heard and examined the case. The learned Court found no point of any interference in the judgment of the trial Court and they upheld and maintained the sentences awarded to the two appellants. Murder reference is answered in affirmative. The petitioners then filed a jail petition in this Court through Superintendent Central Jail, Faisalabad. Mr. M. Zaman Bhatti, Advocate Supreme Court appeared for the petitioners and none appeared on behalf of the State.
4. We have perused the entire evidence with eminent assistance of the counsel and we find no point allowing any interference in the judgment of the learned Federal Shariat Court. Hence this jail petition is dismissed and the sentences awarded to the two accused are upheld and maintained.
H.B.T./M-60/SC????????????????????????????????????????????????????????????????????????????????? Petition dismissed.