- Qisas can be awarded if two ‘adil’ male Muslim or one male and two female Muslims are the witnesses of occurrence — In the present case only one minor girl is the eye witness — The ‘nisab’ of evidence is, therefore, not available in this case — The convict-respondent on account of this reason cannot be awarded the sentence of ‘Qisas’—However, u/s 3 read with section 24 of the I.P.L. Act, 1974, Court can award other sentences which include the sentence of death — In this case the unfortunate couple have got one minor daughter and a minor son who unfortunately are members of a very poor family — They will suffer if major punishment is awarded to the convict. Muhammad Ilyas v. Kabir Hussain and another 2002 SCR 510 (E)
- There are three eye-witnesses in the case — Their evidence finds sufficient corroboration from other evidence — It is a clear case of Qisas — The Allah Almighty ordered in Holy Quran in Sura Al-Baqara, Paara 2, verse 178 that the sentence of Qisas is obligatory — It is the baisc duty of every Muslim to obey the orders of the Allah Almighty. Liaqat H. v. Ulfat Khan 2007 SCR 39 (G)
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