Pakistan Sessions Court sentences man to 80 lashes in rare verdict
KARACHI: In a rare conviction a man was sentenced to death for falsely accusing his ex-wife of adultery and refusing to acknowledge paternity of their child; A sessions court in Karachi, Pakistan has sentenced a man to 80 lashes, which is a very rare punishment.
Additional District and Sessions Judge Malir Shehnaz Bohyo sentenced the accused Farid Qadir to at least 80 lashes. The controversial decision was taken under section 7(1) of the Qazf Offenses (Enforcement of Limitation) Ordinance, 1979, which reads, “Whoever is liable to Qazf, shall be punished with eighty lashes.”
The judge wrote in the judgment that: “It is absolutely clear that the accused is a liar and that he had accused the complainant of Kazaf in relation to the illegitimacy of his daughter. Thus, they were convicted under Section 7(1) of the Qazaf Ordinance, 1979 and sentenced to 80 strokes of the cane each.”
The judge’s judgment also stated that: “Since the accused has been sentenced to flogging only, he shall remain on bail, provided that he, after confirmation, attends the time and place specified by this Court for the execution of the sentence of flogging But agree to attend.” In respect of the conviction and sentence by the Court of Appeal, and deposits a surety bond in the sum of Rs 100,000.”
The court also ruled that after conviction, the evidence provided by Farid Qadir would not be admissible in any court.
As per the details of the case, the ex-wife of Farid Qadir (convict) had filed a complaint in the court, stating that she was married in February 2015 and had lived with Farid for at least a month. In December 2015, Farid’s wife gave birth to a baby girl.
“My husband (Farid) failed to pay maintenance or even take me and our newborn daughter back to his home. I filed a case in the family court and got a decree in my favor. The court directed Farid to make arrangements for the maintenance of his daughter and me (Farid’s ex-wife),” Farid’s ex-wife said.
“But my husband submitted two applications to the court during the proceedings, demanding a DNA test for the child and disavowal of his daughter. These applications were later withdrawn by Farid,” she said.
On the other hand, accused Farid denied the allegations made by his ex-wife and said that his wife had spent only six hours with him. “My wife and I stayed together only for six hours. Then she left the house and never returned,” he said.
Whereas in Pakistan the case could or could have been handled differently under the law of the country; The punishment of 80 lashes is a punishment which has not been seen since the Zia Ul Haq era of the 70s till the late 80s.
Prosecutor Saira Banu said, “During my last 14 years of service as a lawyer, I have not seen any punishment of flogging under Section 7 of the Qaf Ordinance.”
He said, “This punishment of flogging may be the first instance of its kind in the form of corporal punishment in decades.”
