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Petitioner: ABDUL AHID VS Respondent: KHADIM HUSSAIN
Court Name: Federal Shariat Court Judge(s): Abdul Karim Khan Kundi, Dr. Allama Fida Muhammad Khan Title: ABDUL AHID vs KHADIM HUSSAIN Case No.: Criminal Miscellaneous No.161/L of 1990 Date of Judgment:1990-12-18 Reported As: 1991 P Cr. L J 563 Result: Petition dismissed
Judgment ORDER ABDUL KARIM KHAN KUNDI, J.---This petition arises in the background of facts that the petitioner's were Mst. Bashiran after embracing Islam contracted a marriage with one Khadim Hussain. Petitioner filed a complaint before the Additional Sessions Judge, Toba Tek Singh, as against his were and her accomplice on the charge of Zina liable to Tazir with consent under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. On trial the Court convicted his were and her accomplice Khadim Hussain on the charge of Zina who came up in appeal before this Court where, on acceptance of their appeal on 30-10-1986, his were and her accomplice, Khadim Hussain were acquitted. Petitioner has come in a review against the said judgment and order of the Court after a lapse of four years. His review petition is hit by the proviso of Rule 31-A and Rule 31- D of the Federal Shariat Court (Procedure) Rules, 1981, because this Court has given the impugned decision in an appeal and no review shall lie against it and further every application for review shall be filed within ninety days from the date of the decision given or order made by the Court. This criminal miscellaneous is accordingly dismissed in limine.