PESHAWAR, Feb 7: The Federal Shariat Court has put on notice the NWFP government in an appeal filed by a woman against her conviction by a Qazi court in Swat under Zina Ordinance.
A single bench comprising Chief Justice Chaudhry Ijaz Yousaf directed that the state counsel should appear before the court on the next hearing.
The appellant, Sitara Bibi, was sentenced by the Zila Qazi (Swat) to four years imprisonment, whereas other three accused in the case including her second husband were acquitted. She was convicted under Section 494 read with the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
According to the prosecution, the appellant was engaged to her relative, Ijaz, in 1998 and at that time she was 15. In the engagement ceremony her Nikkah was also solemnized. In March 2000, the appellant left residence of her parents and allegedly left with another person Ikramul Haq. She contracted marriage with him without getting divorce from Ijaz.
The appellant's father, Dr Zahid, registered an FIR at the police station concerned charging his daughter and Ikramul Haq of committing adultery. The brother and sister of Ikram were also charged in the case. They were charged under section 10, 11 and 19 of the Zina Ordinance.
The appellant denied her previous marriage. However, the prosecution produced the videos of her engagement ceremony during which her Nikkah was solemnized.
The Zila Qazi conducted trial of the four accused and convicted the appellant, Sitara Bibi in July 2002. The court observed that she was aware of her previous Nikkah whereas the rest of the three accused were not aware about that fact. The court observed that the appellant had kept Ikramullah in the dark about her previous marriage.
After the appeal was filed, the Shariat Court had granted her bail and her appeal has been pending before the court. On Friday the state counsel could not turn up before the court. The Shariat Court issued notice to the counsel.
AdvocateLateef Afridi appeared for the appellantand contended that she was falsely implicated in the case.