Court orders inflicting 80 lashes on man for falsely accusing former wife of adultery

An additional district and sessions courts Malir has found a man guilty of making false allegation of adultery against his former wife and ordered infliction of 80 lashes on him under the Qazaf law. The sentence will, however, be subject to confirmation by the appellate Shariat Court.

A woman had filed a complaint against her former spouse Fareed Qadir under the sections 200 and 203-B of the Code of Criminal Procedure read with the sections 3, 5, 7 and 11 of the Qazaf Ordinance seeking punishment for her former spouse for levelling false allegation against her with regard to parentage of their daughter during the dissolution of their marriage and the maintenance case for the minor.

The court after hearing the arguments ofthe counsel observed that it was clear beyond any shadow of doubt that the complainant had prima face proved her case through oral as well as documentary evidence written by the accused himself establishing that he had doubted upon the character of the complainant due to which he had denied the paternity of his own daughter baby and thereafter withdrew the claim and deposited the maintenance for his daughter baby.

The court observed that it was crystal clear that the accused was a liar and had fabricated an allegation of adultery upon the complainant regarding illegitimacy of her own daughter, which of course was not at all supported by four witnesses.

The court convicted and sentenced the accused to 80 stripes under the section 7 (i) of the Qazaf Ordinance, 1979. The court recalled the bail application of the accused for infliction of 80 stripes but observed that the execution of the punishment was subject to confirmation by a court of appeal as per the section7 (3) of the ordinance.

The court observed that as the accused was sentenced to whipping only as provided u/s 391(1) clause(a), he shall remain on bail subject to his submission that he shall appear on the time and place fixed by the court for execution of the punishment of whipping, after confirmation of the conviction and sentence by the court of appeal, and submit a bail bond in the sum of Rs100,000 as a surety to the satisfaction of this court failing which, he shall be taken into custody and sent to jail along with warrants of punishment in the name of jail superintendent to be dealt with the same manner as if sentenced to simple imprisonment.

The court observed that since the accused had been convicted of the offence of Qazaf liable to Hadd, therefore his evidence shall not be admissible in any court of the law.