Karachi Session court order 80 lashes to man, denying Paternity of the Girl child

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Karachi: 8 April 2024: man flogged In Karachi, a sessions court has issued a verdict sentencing a man to 80 lashes for denying paternity of his child and falsely accusing his ex-wife of adultery. Under Section 7(1) of the Offence of Qazf (Enforcement Of Hadd) Ordinance, 1979, Additional District and Sessions Judge (Malir) Shehnaz Bohyo convicted Fareed Qadir for disowning his legal child and making false accusations against his ex-wife. The judge's verdict stated, "It is crystal clear that the accused is a liar and had fabricated an allegation of Qazf upon the complainant regarding the illegitimacy of her daughter… Thus, he is convicted and sentenced to 80 stripes each under section 7(1) of the Qazf Ordinance, 1979." After the conviction, the court ruled that his evidence shall not be admissible in any court of law following confirmation from the Federal Shariat Court.

"As the accused is sentenced to whipping only… he shall remain on bail, provided that he agrees to appear at the time and place designated by this court for the execution of the punishment of whipping, following the confirmation of the conviction and sentence by the court of appeal, and submits a bail bond in the sum of Rs100,000," said the verdict.

The complainant, the convict's ex-wife, had filed a complaint in court stating that they got married in February 2015 and lived together for one month. In December 2015, she gave birth to a baby girl. However, her ex-husband failed to provide maintenance or take her back to his home. When she moved to a family court, the judge rendered a decree in her favor, directing the convict to provide maintenance for his daughter and former wife. During the trial, the accused denied allegations regarding his ex-wife, stating that she had only lived with him for six hours after their marriage and then left the home and never returned.

However, the court noted that the accused neither testified under oath nor produced any witnesses to support his claims. The court also highlighted that the accused, in his recorded statement under Section 342 of the CrPC, admitted that the baby girl was his legitimate daughter. Prosecutor Saira Bano, who has 14 years of experience, stated that she did not witness any convictions of flogging under Section 7 of the Qafz Ordinance during her service. She explained that the implementation of the punishment of 80 lashes is subject to confirmation or otherwise by the court of appeal, suggesting that this recent conviction could be the first instance of corporal punishment in many decades.

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