Raja Zahoor Law Chamber

The Supreme Court verdict in a case on the issue of Qazf and denial of descent. Crl. Sh. R. P. No. 2/2016 MST. SAEEDA BEGUM Vs THE STATE & ANOTHER The Shariat Appellate Bench of the Supreme Court has delivered a verdict in a case on the issue of Qazf and denial of descent. On the birth of the third girl, the man refused to accept her as his daughter and divorced his wife. Even later he refused. The session judge's court had left the matter to Allah. The Federal Shariah Court had pronounced the sentence on the conviction of Qazf, but imposed punishment instead of the limit. The Shariat Appellate Bench of the Supreme Court had also abolished the penalty. A revision petition was filed against him. The revision hearing before the Shariat Appellate Bench in the Supreme Court was held in August 2024 and the decision was reserved. Detail Judgment is given below:

  3/4 Prohibition of Norcotics, if the accused says that he pleaded guilty, he cannot be punished. Until he says he works and transports heroin. 1990 PCrLJ 1685 FSC MUBARAK ALI VS THE STATE This case from the Federal Shariat Court of Pakistan involves the appellant Mubarik Ali who was convicted by a Magistrate 1st Class for transporting 10 grams of heroin. The trial and sentence were challenged primarily due to procedural discrepancies regarding the powers of the trial magistrate and the lack of clear admission of guilt by the appellant. The appeal was accepted, and the appellant's sentence was modified to the time already served. Key Legal Issues: •Authority of Magistrate under S. 30, Cr.P.C. •Clear admission of guilt requirement under S. 243, Cr.P.C. •Validity of charges under Articles 3 and 4 of the Prohibition Order •Consideration of time served under S. 382-B, Cr.P.C. Holding: The appellant's trial was vitiated due to the magistrate imposing a sentence exceeding his powers...