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SHAHNAWAZ versus THE STATE


The Offense of Adultery (Enforcement Hood) Ordinance 1979 Section 10 (3) Constitutional Code (XLV of 1860), Sections 392 and 411 Constitution of Pakistan (1973), Art; 199 Constitutional Appeal Permitting Punishment by Government, Embargo Award The conviction was imposed on an amnesty court where the accused was convicted of a rape case under section 10 (4) of the offense of adultery. In the Ordinance, 1979, the accused involved in the case was undergoing imprisonment under section 10 (3) and not under section 10 (4) of the said ordinance. Even otherwise, the accused was charged with the commission of a crime on 2 ~ 1996. 21 4 The offense introduced under section 10 (4) of the Ordinance introduced in 1997 was not applicable as well as in the presidential order granting a pardon under the sentence, if there was no pardon under section 392, the P.P.C. Presidential orders periodically exempt from sentence, therefore, applies to the case of the Superintendent of the relevant jail accused, in which case the accused was instructed to apologize in accordance with the constitutional request for presidential orders. Accepted

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