Zafran Bibi v. State, PLD 2002 FSC 1 (Pakistan)

Zafran Bibi, a married woman whose husband was incarcerated for murder, filed a complaint for rape. She became pregnant as a result of the rape. The complaint was initially against a man identified by her father-in-law. Subsequently, Zafran gave a statement that the rape was actually committed by her brother-in-law, whom the father-in-law tried to protect.

The initial accused was acquitted for lack of evidence, while the brother-in-law was not prosecuted. However, considering that the period of her pregnancy was inconsistent with the timing of the alleged rape, Zafran was found guilty of the offense of Zina and sentenced to death. The lower court held that in accusing the brother-in-law she had confessed to her crime, and in not disowning the illegitimate child, there is proof of Zina. Her conviction was overturned on appeal.