June 6, 2003	Friday	Rabi-us-Sani 5, 1424

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PESHAWAR, June 5: An additional district and sessions judge convicted a person under the Qazf law for accusing his sister-in-law of fornication and sentenced him to whipping of 80 stripes.

The court, presided over by Mr Tariq Khan Yousafzai, observed that the complainant had proved beyond any shadow of doubt that the accused-defendant, Dr Nazeer Ahmad, had levelled false and baseless allegations, which amounted to qazf under the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979.

The execution of the whipping sentence will be subject to confirmation by the Federal Shariat Court. Under the law the trial court will send a reference to the Shariat court for confirmation of the sentence.

According to facts of the case, an inhabitant of Ramdas area, Naseer Ahmad, was having two wives — Shehnaz Akhter and Zeba. His relations with his first wife were strained due to which she (Shehnaz) filed a suit for dissolution of marriage before the court of family judge, Peshawar. The sister of Shehnaz was wife of Dr Nazeer, brother of Naseer Ahmad.

During pendency of that suit the accused, Dr Nazeer, appeared as a witness on behalf of Shehnaz. During cross-examination he levelled allegations of fornication against his sister-in-law, Zeba.

Zeba filed a complaint under the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, before the magistrate concerned who sent it to the district and sessions judge. The case was then marked to the additional district and sessions judge, Tariq Yousafzai, who conducted trial of the accused.

During the course of the trial, the accused-defendant could not prove the allegations levelled by him against the complainant following which he was convicted by the trial court.