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Revisions in Pakistan’s Abortion Laws: Balancing Islamic Teachings and Legal Framework

In 1990, the Pakistani government took a significant step by revising the outdated colonial-era Penal Code of 1860, specifically addressing the sensitive issue of abortion. The objective was to align the legal framework with Islamic teachings concerning offences against the human body. The revised code established conditions for legal abortion based on the developmental stage of the fetus, particularly whether its organs have formed or not.

According to the 1990 revision, the permissibility of abortion varies depending on the stage of fetal development. Islamic scholars have generally considered the formation of the fetus’s organs to occur by the fourth month of gestation. Prior to this stage, abortions are allowed to safeguard the woman’s life or to provide “necessary treatment” as deemed appropriate by medical experts. However, after the formation of the organs, abortions are strictly permissible only to save the woman’s life.

The penalties for engaging in illegal abortion are also contingent on the developmental stage of the fetus at the time of termination. Preceding organ formation, the offence is subject to civil law (ta’zir) and may result in imprisonment ranging from 3 to 10 years. Once the organs are formed, traditional Islamic penalties, in the form of compensation (diyat), are imposed in addition to the legal consequences. The severity of the punishment may also encompass imprisonment, depending on the specific circumstances and outcome of the abortion procedure.

This revised approach seeks to strike a delicate balance between adhering to Islamic teachings and maintaining a coherent legal framework for regulating abortions in Pakistan. By acknowledging the importance of the developmental stage of the fetus, the law addresses the ethical considerations surrounding abortion in light of Islamic principles.

Nonetheless, it is essential to continuously review and update these laws to ensure they align with medical advancements and evolving societal perspectives. Such a progressive approach will allow Pakistan to adapt its legal landscape while staying true to its religious values, thus safeguarding the well-being and rights of women while respecting the sanctity of life.

As the nation progresses, it is crucial to foster open dialogues and engage with a wide array of stakeholders, including religious scholars, medical experts, policymakers, and women’s rights advocates. By doing so, Pakistan can work towards creating a comprehensive legal framework that serves the best interests of its citizens and upholds the principles of justice, compassion, and human dignity.

Pakistan’s Abortion Provisions

Abortion is a highly sensitive and complex issue governed by the Pakistan Penal Code (Act XLV of 1860). The relevant provisions dealing with abortion are found in Chapter XVI, Sections 338(A) to 338(C). These sections outline the offences of isqat-i-haml (causing miscarriage) and isqat-i-janin (causing miscarriage of a formed fetus) and prescribe the punishments for such offences.

  • Section 338: Isqat-i-Haml
  • Section 338 addresses the offence of isqat-i-haml, which involves causing a woman with a non-formed fetus to miscarry. It is essential to note that this section does not apply if the miscarriage is carried out in good faith to save the woman’s life or provide necessary medical treatment.

Explanation: This section clarifies that even a woman who causes herself to miscarry falls within the ambit of this offence.

  • Section 338-A: Punishment for Isqat-i-Haml
  • Section 338-A outlines the penalties for isqat-i-haml based on the circumstances under which the miscarriage is caused.

(a) If isqat-i-haml is carried out with the woman’s consent, the offender shall be liable to imprisonment for a term that can extend up to three years.

(b) If isqat-i-haml is carried out without the woman’s consent, the offender shall be liable to imprisonment for a term that can extend up to ten years.

Provided that if the isqat-i-haml results in causing harm to the woman or her death, the convict shall also be liable for the punishment prescribed for such harm or death, as the case may be.

  • Section 338-B: Isqat-i-Janin
  • Section 338-B addresses the offence of isqat-i-janin, which involves causing a woman with a fetus having some formed limbs or organs to miscarry. Similar to isqat-i-haml, this offence is not excused if the miscarriage is performed in good faith to save the woman’s life.

Explanation: Just like in the previous section, this section also includes cases where a woman causes herself to miscarry.

  • Section 338-C: Punishment for Isqat-i-Janin
  • Section 338-C prescribes the punishments for isqat-i-janin based on the outcome of the miscarriage and the number of children in the woman’s womb.

(a) If the child is born dead as a result of isqat-i-janin, the offender shall be liable for one-twentieth of the diyat (blood money).

(b) If the child is born alive but subsequently dies due to the offender’s act, the offender shall be liable for full diyat.

(c) If the miscarriage is performed, causing harm to the woman or leading to her death, the offender shall be liable for imprisonment for a term that can extend up to seven years.

It is important to note that if there are multiple children in the woman’s womb, the offender shall be held separately accountable for each child.

Conclusion:

Pakistan’s abortion provisions are stringent and impose significant penalties for causing miscarriage without valid reasons. These provisions aim to protect the lives of women and unborn children, and any violation of these provisions may result in severe legal consequences. It is crucial for individuals and legal practitioners to be well-informed about these laws to ensure that justice is served while respecting the rights and well-being of all parties involved.

Law Blog: Understanding Crimes of Abortion and Fetus Abortion in Pakistan

Abortion and fetal killing are sensitive and legally significant issues in Pakistan. According to the Pakistan Penal Code (PPC), these acts are defined and punished under specific provisions.

1. Abortion:

Abortion, as per Sec. 338 of the PPC, refers to the act of intentionally causing the death of an unborn child whose limbs have not fully formed, leading to its death before birth. If abortion is performed to save the life of the pregnant woman during necessary medical treatment, it is considered legal. However, any act of abortion performed by the pregnant woman without a reasonable cause is deemed a crime. Even if the woman performs the abortion on her own accord, it is treated as a crime of abortion.

2. Abortion of Fetus:

Under Sec. 338-B, abortion of a fetus is defined as the act of intentionally causing the death of an unborn child with developed limbs and in the growing stage. Similar to regular abortion, if the act is carried out in good faith to save the life of the pregnant woman during medical treatment, it is not illegal. However, any abortion of a fetus without reasonable medical cause is considered a crime, regardless of whether it is performed by a medical doctor or the pregnant woman herself.

Punishment for Abortion:

The PPC prescribes specific punishments under Sec. 338-A for those who commit abortion:

a) Imprisonment up to three years if the abortion is performed with the consent of the pregnant woman.

b) Imprisonment up to ten years if the abortion is carried out without the consent of the pregnant woman.

c) If the pregnant woman is harmed during the abortion or dies as a result, the perpetrator will face additional punishment for causing injury or death.

Punishment for Abortion of Fetus:

Under Sec. 338-C, the following punishments apply to individuals involved in the crime of abortion of a fetus:

a) Twenty percent of ‘DIYYAT’ (دیت – blood money) if the child is stillborn.

b) The full amount of ‘DIYYAT’ if the child is born alive but dies due to the methods used for fetal abortion.

c) Imprisonment of up to seven years.

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In the case of multiple children in the womb, separate punishments of ‘DIYYAT’ and imprisonment are awarded for each child.

If the woman is harmed or dies during the fetal abortion procedure, the perpetrator will face additional punishment for causing injury or death.

It is crucial to understand the legal implications and consequences of these acts to ensure compliance with the law and to protect the rights and safety of pregnant women and unborn children. The laws surrounding abortion and fetal abortion play a crucial role in maintaining a just and fair society.

 Legal Decisions on Abortion and Related Offences (last updated 2023):

As a leading law firm, Josh and Mak International takes pride in keeping abreast of significant legal decisions that shape Pakistan’s legal landscape. In this section, we summarize some key cases involving abortion and related offences:

1. Mst. NASEEMA BIBI vs. MURAD

Citation: 2021 YLR 1243 Federal Shariat Court

Issue: Levelling false allegation of zina against complainant

Summary: The Trial Court erroneously assumed a wrong relationship between the complainant and the accused, leading to a flawed conclusion. The evidence of the SHO, who stated that the accused submitted an application alleging zina and abortion, was ignored. The judgment failed to adhere to the mandatory provisions of S.367 Cr.P.C., necessitating remand for re-writing the judgment.

2. AMINULLAH vs. Mst. ROBINA PERVAIZ

Citation: 2018 YLR 642 Peshawar High Court

Issue: Suit for dissolution of marriage and recovery of dowry articles

Summary: The petitioner sought to contest the dissolution of marriage based on cruelty and forced abortion. The court found evidence of maltreatment, cruelty, and forced abortion, leading to a dismissal of the constitutional petition, upholding the decisions of the lower courts.

3. Mst. REHANA BIBI vs. State

Citation: 2018 YLRN 100 Lahore High Court

Issue: Isqat-i-Janin and adultery

Summary: The accused was convicted for adultery and causing abortion. The High Court acquitted the accused, finding insufficient evidence to connect them to the charge.

4. MUHAMMAD AKBAR vs. SANA BIBI

Citation: 2018 PCrLJN 113 Lahore High Court

Issue: False allegations against police officials

Summary: The complainant filed an application to lodge an FIR against police officials for alleged Abortion and harassment. The court found ulterior motives and dismissed the application.

5. GHULAM FARID vs. State

Citation: 2013 SCMR 16 Supreme Court

Issue: Review of Supreme Court judgment

Summary: The petitioner committed two murders, motivated by allegations of zina and abortion. The court confirmed the sentences, considering the gruesome nature of the crimes.

6. MUHAMMAD AKBAR vs. Mst. RUKHSANA BIBI

Citation: 2013 PCrLJ 730 Peshawar High Court

Issue: Rape and Isqat-i-Haml

Summary: The accused was arrested for rape and causing Abortion. The court granted bail, considering the lack of immediate reporting and grounds for further inquiry.

7. MUHAMMAD RIAZ vs. State

Citation: 2012 YLR 1680 Peshawar High Court

Issue: Application for cancellation of bail

Summary: The alleged abductee’s changing statements and dubious circumstances led to the dismissal of the application for cancellation of bail.

Other cases 2008 and beyond 

Case Citation: 2008 MLD 1692 (Lahore High Court, Lahore)

Parties: Mst. SHAH JAHAN (Appellant) vs. ADDITIONAL DISTRICT JUDGE, RAWALPINDI (Opponent)

Summary: The case involved a constitutional petition seeking recovery of past maintenance and gifted articles by the wife. The evidence indicated habitual beating by the husband, leading to the wife’s Abortion. Reconciliation efforts failed due to resistance from the husband’s family. The wife claimed the husband had taken away her jewelry, while the husband denied it. The High Court set aside lower courts’ judgments, directing the husband to return the jewelry or its price to his wife and pay maintenance until the judgment by the Family Court.

Case Citation: 2006 PLD 560 (Supreme Court)

Parties: NASIR ALI and others (Appellants) vs. SAJJAD HUSSAIN (Opponent)

Summary: The accused faced charges of causing injuries to the complainant and causing Abortion to the complainant’s wife. The delay in lodging the FIR and contradictions in ocular and medical evidence were raised during the trial. The High Court acquitted the accused, and the Supreme Court upheld the decision, stating that the medical evidence was to be preferred over ocular testimony.

Case Citation: 2006 SCMR 1170 (Supreme Court)

Parties: MUHAMMAD SHARIF (Appellant) vs. State (Opponent)

Summary: The accused was alleged to have enticed the sister of his wife and caused her death due to Abortion. The prosecution relied on dying declaration, medical evidence, and chemical reports. The Supreme Court upheld the conviction, rejecting the argument that the accused’s relationship with the deceased affected the evidence.

Case Citation: 2006 PCRLJ 1039 (Karachi High Court, Sindh)

Parties: HAZOOR BUX (Appellant) vs. State (Opponent)

Summary: The accused faced charges of Zina with two girls, but medical evidence conflicted with their statements. The victims had a history of illicit relations, and one had signs of an incomplete Abortion. Further inquiry was ordered, and the accused was admitted to bail.

Case Citation: 2006 PCRLJ 662 (Federal Shariat Court)

Parties: BASHIR AHMAD (Appellant) vs. State (Opponent)

Summary: The accused was convicted of Zina and causing the death of the deceased due to Abortion. The prosecution relied on dying declaration and medical evidence. The court rejected the defense’s contention, and the accused was rightly convicted and sentenced.

Case Citation: 2005 MLD 1485 (Lahore High Court, Lahore)

Parties: MUHAMMAD SHAHID (Appellant) vs. State (Opponent)

Summary: The accused was accused of having illicit relations with a maidservant who became pregnant. The prosecution’s case was based solely on the statement of the victim without independent corroboration. The accused was granted bail.

Case Citation: 2004 YLR 1544 (Lahore High Court, Lahore)

Parties: KUBRA BIBI (Appellant) vs. THE STATE and others (Opponents)

Summary: The accused, a woman, was accused of causing the death of the deceased due to mishandling, but there was no evidence of intent to commit murder. The case required further inquiry, and the accused was admitted to bail.

Case Citation: 2002 PCRLJ 1292 (Lahore High Court, Lahore)

Parties: DUR MUHAMMAD SHAH (Appellant) vs. THE STATE (Opponent)

Summary: The accused was accused of rape, causing Abortion, and injuries. The main witness, the complainant/victim, supported by medical examination, connected the accused to the offence. The accused’s bail application was dismissed.

Case Citation: 2001 YLR 1722 (Karachi High Court, Sindh)

Parties: ABDUL RASHEED (Appellant) vs. STATE (Opponent)

Summary: The prosecution’s case was riddled with contradictions and delay in filing the FIR. The case against the accused did not convincingly fall under the Offence of Zina (Enforcement of Hudood) Ordinance. The accused was granted bail.

Case Citation: 2000 PCRLJ 1902 (Lahore High Court, Lahore)

Parties: SHAMIM BIBI (Appellant) vs. STATE (Opponent)

Summary: The accused was granted bail before arrest but the bail was later cancelled. The allegation involved Zina, Abortion, and misuse of her sister’s influence. The medical examination was conducted after the Abortion, and the accused’s bail was cancelled.

Case Citation: 1988 PCRLJ 859 (Federal Shariat Court)

Parties: ABDULLAH (Appellant) vs. THE STATE AND 2 OTHERS (Opponents)

Summary: The accused was a witness in a Zina case reported by co-accused. The witness made statements about the petitioner’s illicit relations with a girl that led to her pregnancy and Abortion. The court held that the statements of the accused did not constitute Qazf (false accusation) and upheld the acquittal under S.265-K.

Case Citation: 1988 PCRLJ 859 (Federal Shariat Court)

Parties: ABDULLAH (Appellant) vs. THE STATE AND 2 OTHERS (Opponents)

Summary: The accused reported the illegitimate conception by a girl and her Abortion. The accused also mentioned hearing rumors of her illicit connections with the complainant. The court held that the simple allegation of illicit relations made by a person against another would not amount to Zina and acquitted the accused under Ss.3 & 11 of the Qazf Ordinance.

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Case Citation: 1986 PLD 4 (Federal Shariat Court)

Parties: [Details not available in the citation]

Summary: The accused faced charges related to an illegitimate pregnancy and Abortion. The defense claimed that the female was married, and the miscarriage resulted from an accident. The prosecution failed to prove the recovery of the fetus or its illegitimacy, and the case lacked evidence of the complicity of the accused. The court dismissed the revision against the appeal’s dismissal.

Case Citation: 1985 PLC(CS) 1104 (Service Tribunal, Sindh)

Parties: [Details not available in the citation]

Summary: The case involved a school teacher who developed an illicit connection with a girl student, leading to pregnancy and Abortion. The girl died during the Abortion process. The teacher faced a criminal trial but was acquitted due to non-production of prosecution witnesses. The Service Tribunal suggested re-examining the matter through a show-cause notice to determine whether the teacher should continue as a school teacher.

Case Citation: 1985 PLC(CS) 652 (Labour Appellate Tribunal, Punjab)

Parties: [Details not available in the citation]

Summary: A lady sweeper fell into a sewer while cleaning it, resulting in Abortion, paralysis, and death. The court held that the death resulted from an accident, and the employer could not escape liability to pay compensation.

Case Citation: 1984 PLD 121 (Federal Shariat Court)

Parties: MUJEEB-UR-REHMAN (Appellant) vs. FEDERAL GOVERNMENT OF PAKISTAN THROUGH ATTORNEY-GENERAL OF PAKISTAN (Opponent)

Summary: The case involved an offence under the Zina (Enforcement of Hudood) Ordinance related to Abortion. The court held that the mere presence of milk in a virgin’s breasts would not conclusively establish recent Abortion or delivery of a child.

Case Citation: 1984 PLD 121 (Federal Shariat Court)

Parties: MUJEEB-UR-REHMAN (Appellant) vs. FEDERAL GOVERNMENT OF PAKISTAN THROUGH ATTORNEY-GENERAL OF PAKISTAN (Opponent)

Summary: The prosecution failed to prove that the accused girl was pregnant at the relevant time or that she did any act to prevent the child from being born alive or causing the child’s death after birth. The offence under S.315 of the Pakistan Penal Code was not proved.

Conclusions:

(1) The cases discussed above highlight the complexities surrounding Abortion-related matters in Pakistan’s legal system. Courts appear to carefully assess the evidence and relevant laws to reach their decisions. These cases provide insights into how the law deals with issues related to Abortion, including criminal offences and liability.

(2) These cases shed light on the legal complexities surrounding Zina offences and Abortion cases in Pakistan. Courts carefully examine the evidence, medical reports, and witness statements to arrive at just decisions. The judgments reflect the importance of upholding justice while considering the rights and welfare of all parties involved.

(3) In Pakistan, cases involving Abortion have been subjects of legal analysis, particularly in the context of criminal offences and medical complications. These cases touch upon different aspects of the law, including evidence, intentions, and liability. 

Legal Note: Cases Involving Miscarriage in Pakistan

1. Citation: 2022 YLR 1737 (Karachi High Court, Sindh)

Parties: Abdul Razzaque Brehmani (Appellant) vs. Niaz alias Makhan (Opponent)

Summary: The appellant and others were acquitted in a case involving armed affray between communal factions. During the incident, the complainant’s cousin suffered a gunshot wound to the neck and died. The key witnesses were not produced, and the prosecution’s evidence was contradictory and unreliable. The court dismissed the appeal against acquittal, as it did not find any grave miscarriage of justice.

2. Citation: 2017 CLC 1150 (Lahore High Court, Lahore)

Parties: Dr. Naik Parveen (Appellant) vs. District Co-ordination Officer, Multan (Opponent)

Summary: The appellant, a registered gynecologist, and a lady health visitor were negligent in their treatment of a pregnant patient, leading to her miscarriage. The District Health Officer recommended an inquiry by the Provincial Healthcare Commission. The High Court had the jurisdiction to direct the commission to conduct the inquiry under the Punjab Healthcare Commission Act, 2010. The court dismissed the intra-court appeal, upholding the inquiry.

3. Citation: 2006 SCMR 1170 (Supreme Court)

Parties: Muhammad Sharif (Appellant) vs. State (Opponent)

Summary: The accused enticed away a girl and she died due to miscarriage while living with him. The prosecution witnesses supported the accusation, and the courts below found the accused guilty. The Supreme Court upheld the conviction, as the evidence established the accused’s involvement in the crime beyond reasonable doubt.

4. Citation: 2006 PLD 81 (Supreme Court)

Parties: Shaukat Ali (Appellant) vs. The State (Opponent)

Summary: The appellant was charged with Zina, but the prosecution failed to prove the allegations. The lady involved became pregnant and gave birth, but the court found that it did not prove Zina. The appellant was acquitted, benefiting from the doubt in the evidence.

5. Citation: 1989 MLD 4166 (Lahore High Court, Lahore)

Parties: Aziman (Appellant) vs. Abdul Sattar and State (Opponent)

Summary: The appellant was accused of committing Zina, causing pregnancy, miscarriage, and disposing of the baby in a canal. The magistrate discharged the accused without proper examination of evidence. The High Court set aside the discharge order and remanded the case for fresh disposal according to the law.

Conclusion: These cases illustrate various legal aspects surrounding miscarriage cases in Pakistan, including burden of proof, admissible evidence, and the court’s discretion in handling such matters. Courts assess evidence meticulously to reach just decisions in miscarriage-related cases.

Other cases where abortion was a matter (domestic abuse, rape, divorce)

2018 YLR 642 – Peshawar High Court

In this case, the appellant, Aminullah, was facing a suit for dissolution of marriage and recovery of dowry articles on the grounds of cruelty and forced abortion. Aminullah contended that the decree for dissolution couldn’t be passed as he had been acquitted in a criminal case related to the alleged abortion. However, the respondent, Mst. Robina Pervaiz, argued that the evidence from the criminal case should not be considered as it was not mentioned in the written statement nor produced during evidence recording before the Family Court. The High Court held that the evidence on record demonstrated maltreatment, cruelty, and forced abortion, and thus, Aminullah’s contention lacked validity. The High Court declined to consider evidence from the criminal case and dismissed the constitutional petition.

2018 YLRN 100 – Lahore High Court Lahore

This case involved allegations of rape and isqat-i-janin (abortion). The appellant, Mst. Rehana Bibi, was convicted by the Trial Court and sentenced to imprisonment. However, the Lahore High Court Lahore found that the prosecution’s witnesses’ testimonies were not credible. Furthermore, the issue of pregnancy and abortion of the victim lady was attributed to her intimate/sexual liaison with three male accused persons, one of whom was acquitted, and another was convicted. Due to the lack of evidence connecting the appellant to the charges, the Lahore High Court Lahore set aside the conviction and sentence, allowing the appeal.

2018 PCrLJN 113 – Lahore High Court Lahore

In this case, Muhammad Akbar filed a private complaint against Sana Bibi for the alleged commission of rape and abortion. The Trial Court summoned the accused based on the complaint, despite a negative report prepared by the Judicial Magistrate after conducting an inquiry under Section 202 of the Cr.P.C. The High Court found that the complainant had filed multiple complaints against the same individuals, and her statements were inconsistent. Moreover, there were contradictions in the evidence regarding the abortion. Therefore, the High Court allowed the revision petition and dismissed the complaint filed by the respondent lady.

2018 PCrLJN 2 – Karachi High Court Sindh

This case involved allegations of rape, isqat-i-janin, and criminal intimidation. The accused petitioners sought interim pre-arrest bail, which was confirmed by the High Court. The court noted that the complainant and witnesses had admitted receiving compensation from the accused petitioners outside the court. Additionally, there were doubts regarding the veracity of the prosecution’s evidence, as there was a delay in recording statements and preparing inspection memos. The High Court granted bail, considering the complainant’s affidavits, and considered the case as one requiring further inquiry.

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2014 MLD 313 – Lahore High Court Lahore

In this case, Muhammad Sarwar challenged an order of the Revenue Officer related to the Horse Breeding Scheme. The order directed rectification of the lease and potential land resumption in favor of the state due to the miscarriage/abortion of his mare. The court found that the petitioner could not be penalized for the mare’s miscarriage, and the order was based on insufficient grounds. The High Court set aside the order, holding it to be illegal.

 2014 MLD 1033 – Karachi High Court Sindh

The complainant alleged police officials entered his house, maltreated women, causing injuries, and resulting in his pregnant wife losing her unborn child. However, the court found that the complainant failed to produce medical certificates or treatment records related to the alleged abortion and injuries. The court also noted ulterior motives, as the complainant’s brother had been previously charged. The application was dismissed, emphasizing the need to discourage false complaints against the police.

2013 SCMR 16 – Supreme Court

In this review of a Supreme Court judgment, Ghulam Farid was convicted for two separate murders. The first murder was related to allegations of spreading rumors about zina (adultery) and abortion, while the second murder involved an illicit relationship with his own daughter. The accused argued for concurrent sentences, but the court found that two different murders occurred at different places, involving distinct motives and circumstances. Consequently, the request for concurrent sentences was denied.

2013 PCrLJ 730 – Peshawar High Court

In this case, Muhammad Akbar was arrested on charges of rape and abortion. The court granted him bail, considering that no complaint was lodged by the victim or her relatives initially. The court also noted the absence of medical evidence regarding the abortion. Consequently, the court considered the case as one requiring further inquiry and granted bail.

2012 YLR 1680 – Peshawar High Court

In this case, Muhammad Riaz was accused of kidnapping, abducting, and inducing a woman for marriage, rape, and abortion. An application for the cancellation of bail was filed. The court found that the initial report lodged by the complainant did not name the accused. Later, the alleged abductee made allegations of abduction, illegal confinement, rape, and abortion against the accused. The court noted the complexity of the case and dismissed the application for bail cancellation, allowing the accused to remain on bail.

2008 MLD 1692 LAHORE-HIGH-COURT-LAHORE

  • This case involved a suit for recovery of past maintenance and gifted articles.
  • The jewelry given to the wife as a gift by the husband was mentioned in the Nikahnama.
  • Evidence showed habitual beatings by the husband resulting in an abortion.
  • Reconciliation efforts failed.
  • The wife was not allowed to come back to her abode.
  • The High Court set aside the lower court’s judgments, directing the husband to return the jewelry or its price to his wife within a specified time and pay maintenance.

2006 PLD 560 SUPREME-COURT

  • Accused entered the complainant’s house, attacked him, and caused injuries.
  • The accused were alleged to have beaten the complainant’s wife, resulting in a miscarriage/abortion.
  • The FIR was recorded one month after the incident with contradictions in the accounts.
  • The High Court acquitted the accused.
  • The Supreme Court refused leave to appeal, finding no illegality or infirmity in the High Court’s judgment.

2006 SCMR 1170 SUPREME-COURT

  • The accused enticed a girl away, who later died due to miscarriage of a premature child.
  • The accused was convicted for causing the girl’s death.
  • The Supreme Court upheld the conviction, finding sufficient evidence of the accused’s immoral act leading to the girl’s death.

2006 PCRLJ 1039 KARACHI-HIGH-COURT-SINDH

  • Two girls were neither recovered from the accused’s custody nor alleged Zina.
  • Medical evidence contradicted victim statements.
  • Evidence suggested the girls had illicit relations before the incident.
  • The case required further inquiry, and the accused was granted bail.

2006 PCRLJ 662 FEDERAL-SHARIAT-COURT

  • The accused was convicted based on a dying declaration, medical evidence, and reports.
  • The mother of the deceased was not an interested witness.
  • The Federal Shariat Court upheld the conviction, finding no reason to interfere.

2005 MLD 1485 LAHORE-HIGH-COURT-LAHORE

  • Accused and a maidservant developed illicit relations.
  • Medicines administered for abortion.
  • Delay in the case raised questions.
  • The victim was the sole witness.
  • The accused was granted bail.

2004 YLR 1544 LAHORE-HIGH-COURT-LAHORE

  • Accused, a woman, was charged with the murder of a pregnant girl.
  • Evidence suggested an unintentional abortion.
  • The case required further inquiry, and the accused was admitted to bail.

2002 PCRLJ 1292 LAHORE-HIGH-COURT-LAHORE

  • Accused allegedly raped the complainant.
  • Delay in FIR filing.
  • Medical evidence supported the complainant’s statement.
  • The accused was denied bail.

2001 YLR 1722 KARACHI-HIGH-COURT-SINDH

  • Accused was charged with Zina.
  • Delayed FIR and lack of evidence of abortion.
  • The prosecutrix’s conduct suggested consent.
  • The accused was granted bail.

2000 PCRLJ 1902 LAHORE-HIGH-COURT-LAHORE

  • The accused was charged with Zina, and his bail was granted before arrest.
  • No mala fide or ulterior motive alleged against the victim.
  • Medical examination conducted after abortion.
  • The Trial Court’s bail order was set aside.

1988 PCRLJ 859 FEDERAL-SHARIAT-COURT

  • The accused reported illicit relations and an abortion.
  • Witness statements about an extra-judicial confession were not considered Qazf.
  • Acquittal under S. 265-K was deemed proper.

1988 PCRLJ 859 FEDERAL-SHARIAT-COURT

  • Accused reported illegitimate conception and abortion.
  • No specific allegation of Zina.
  • No mala fide intention on part of accused.
  • Accused, a village Chawkidar, performed his duty.
  • Conduct of accused covered by the second exception to S. 3 of the Ordinance.
  • Acquittal of accused ordered.

1986 PLD 4 FEDERAL-SHARIAT-COURT

  • Allegations of illegitimate pregnancy and abortion.
  • Defence plea of miscarriage due to an accident.
  • Prosecution failed to prove recovery of the foetus or its illegitimacy.
  • Evidence about the complicity of the accused was lacking.
  • Delayed FIR without justification.
  • Revision against dismissal of appeal had no merits.

1985 PLC(CS) 1104 SERVICE-TRIBUNAL-SINDH

  • Disciplinary action against a schoolteacher.
  • Teacher had an illicit connection with a girl student resulting in pregnancy and abortion.
  • Teacher was facing a criminal trial but was acquitted.
  • Service Tribunal suggested departmental action based on Efficiency and Discipline Rules.

1985 PLC(CS) 652 LABOUR-APPELLATE-TRIBUNAL-PUNJAB

  • Liability of an employer for compensation.
  • A lady sweeper fell into a sewer while cleaning it, resulting in abortion and paralysis.
  • The death resulted from the accident of falling into the sewer, and the employer was liable to pay compensation.

1984 PLD 121 FEDERAL-SHARIAT-COURT

  • The case involved the presence of milk in the breasts of a virgin.
  • Mere presence of milk did not conclusively establish recent abortion or childbirth.
  • This circumstance alone was not sufficient to prove the charge under S. 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

1984 PLD 121 FEDERAL-SHARIAT-COURT

  • The case involved the charge of abortion under S. 315 of the Pakistan Penal Code.
  • The prosecution failed to prove that the accused girl was pregnant, did some act before birth of the child to prevent it from being born alive, and that she caused its death.
  • The offence under S. 315, P.P.C., was not proved in the circumstances.

These cases provide insights into various legal aspects related to abortion, including the distinction between different offenses, the burden of proof, and the role of evidence in determining guilt or innocence

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