KARACHI, Jan 9: The Federal Shariat Court on Tuesday allowed bail to an appellant convicted of rape under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
According to an FIR lodged by his wife, Shariq enticed her daughter from her former husband and committed rape. The accused, however, stated that he had married the complainant only to provide her and her children protection for the time being. The marriage was never consummated and he formally divorced her before contracting marriage with her daughter.
The accused was convicted under Sections 10 (3) and 11 of the Hudood Ordinance by the Shariat Court of Additional Sessions Judge (East), Karachi, and sentenced to four years’ rigorous imprisonment. He challenged his conviction and sentence before the Federal Shariat Court.
As the appeal came up for hearing by FSC Chief Justice Haziqul Khairi on Tuesday, the appellants’ counsel Raza Hashmi and Hasan Sabir argued that Shariq had produced a valid marriage deed at the trial but his plea was not accepted. They said the marriage was not hit by matrimonial prohibition on ground of affinity as he had divorced the complainant. The marriage between him and the complainant was never consummated and they had no issue from the wedlock.
Seeking suspension of sentence, the counsel informed the court that the convict had already served 20 months of his jail term and his appeal was pending before it. Allowing the application, the court granted the appellant bail in the sum of Rs50,000.
PLOTS POSSESSION: A bench comprising Justices Sarmad Jalal Osmany and Mohammad Athar Saeed of Sindh High Court directed the City District Government of Karachi to deliver possession of two plots in Block-6 of Gulshan-i-Iqbal to petitioner Talat Ijaz and his sister. The petitioners claimed they purchased the plots in Qalandar Shahbaz Goth in a public auction but were not being given possession because of objections raised by a housing society.
City government counsel Manzoor Ahmed said the government had no objection and possession was withheld only because of a dispute between the purchasers and the housing society. He said he would ensure that possession was delivered to the petitioners in compliance of the court order.
THEFT: Justice Zawwar Hussain Jaffery granted bail to an accused facing trial for car theft.
The accused, Suno, was booked by the Risala police station, Karachi on September 15, 2006 and his bail plea was turned down by the trial court. He was asked to furnish surety for Rs100,000 for his release on bail. Meanwhile, the judge also admitted robbery convict Wasi Haider to bail in the sum of Rs100,000. Wasi Haider was tried along with Sher Bahadur alias Dilawar and Rashid Elahi for robbing a departmental store in Clifton on March 1, 2003. While the two co-accused were acquitted by the trial sessions court, he was handed down hard labour for five years.
He challenged his conviction and sentence in the high court and moved for suspension of his jail term. Suspending the sentence, the court granted him bail in the sum of Rs100,000.
