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AZIZ versus THE STATE


Section 302 Crimes of Adultery (Enforcement Hood) Ordinance (VII of 1979), Section 11 Constitution of Pakistan (1973), Article 199 Constitutional Petition The grant of pardon to the accused was punished under section 302, PPC and for He was sentenced to life imprisonment. He was not charged with murder and was not charged in accordance with Article 1 of the Government's 118 letter of 2001, was not charged nor was he guilty of committing adultery or rape of a woman. Nor was he convicted under Section 11 of the offense of adultery. (Enforcement Divine) Ordinance, 1979, which only intended to abduct, kidnap or force a woman into marriage. Since the accused had not been convicted of committing adultery or rape, the official letter dated 11 8 2001 did not apply to his case and he was entitled to pardon. He was directed to award the relevant prison superintendent for one year in his sentence and another for the second waiver. He said that the accused had accepted the constitutional plea waiver.

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