Al Wakeelo
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Initializing Secure Chambers
Petitioner: SALEHON VS Respondent: YAQUB and 2 others
Court Name: Federal Shariat Court Judge(s): Mir Hazar Khan Khoso, Nazir Ahmad Bhatti Title: SALEHON vs YAQUB and 2 others Case No.: Criminal P.S.LA. No,1/L of 1991 Date of Judgment:1993-05-17 Reported As: 1993 P Cr. L J 2380 Result: Case remanded
JUDGMENT
JUDGMENT ' MIR HAZAR KHAN KHOSO, C.J.- This appeal is directed against the judgment dated 10-2-1991 whereby the learned Additional Sessions Judge. Chiniot without giving opportunity to the petitioner to produce his evidence had acquitted the respondents of the charge under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance. It may be pertinent to observe that earlier while relying on the evidence of the prosecution witnesses during preliminary inquiry the learned Additional Sessions Judge had issued process against the respondents. Then considering the same evidence he acquitted the respondents of the charge. The learned Additional Sessions Judge, Chiniot should have given opportunity to the complainart to produce evidence and then passed appropriate order. The learned counsel for the State does not support the impugned judgment. The judgment dated 10-2-1991 is set aside and the case is remanded to the learned Additional Sessions Judge, Chiniot for affording opportunity to the prosecution to produce its evidence and dispose of the case according to law on merits.