The Lahore High Court (LHC) adjourned the proceedings till July 6, in the homosexual case, as the counsel of couple expressed his inability to argue because he had not gone through the medical report of Shumile Raj submitted by the psychiatrist board of Jinnah Hospital.
The court, however, advised the counsel to file an application to DPO Faisalabad against Investigation Officer Khawar Saleem Warriach for harassing Shehzina in Faisalabad jail to seek the statement of their liking. The court also observed that if Shehzina files any complaint in this regard, he (Judge) would get FIR lodged against the accused.
Later the judge ordered for giving the report of psychiatrist board to the counsel of the couple so that he could argue on the next date of hearing. The law officer, however, submitted before the court that according to the report she (Shumile) had not any psychological problem. The judge had sent Shumile for medical check-up before awarding sentence to the couple for contracting an 'illegal and un-Islamic marriage'.
Earlier, the judge had awarded three years rigorous imprisonment and imposed fine of Rs 10,000 each to Shumile Raj and Shehzina, same sex married couple of Faisalabad, for lying upon the sex of Shumile Raj (husband) who later was proved a woman.
The court also declared their marriage as unlawful and against the injunctions of Islam. Shumile (31) and Shehzina Tariq (24) are undergoing rigorous imprisonment in Kot Lakhpat Jail Lahore and District Jail Faisalabad, respectively. The court further ruled that in case of failure to pay the fine, they would have to undergo one month more imprisonment.
The court ruled that couple's writ petition, affidavits, marriage certificate and medical report of Shumile Raj, showed that they intentionally made false statements before the court during judicial proceedings. Therefore, their unconditional apology could only help them awarding lesser punishment, the judge ruled.
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