Mst. SHAZIA BIBI alias SHARJIKA BIBI vs State Ss — 2021 YLR 777 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 777 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: Mst. SHAZIA BIBI alias SHARJIKA BIBI vs State Ss
Subject matter: Criminal
Provisions referred to: S. 164---Q; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. SHAZIA BIBI alias SHARJIKA BIBI VS State Ss. 302, 201, 120-B & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, causing disappearance of evidence of offence, criminal conspiracy, common intention---Appreciation of evidence---Motive not proved---Effect---Accused lady was charged for committing murder of her husband in collusion with her paramour---Accused allegedly confessed her guilt before the Judicial Magistrate, where the cause of the death was given as love affair with co-accused---Involvement of co-accused had been disbelieved by the court therefore, the accused could not be held responsible for commission of the offence as there was no cause for her to commit the murder---Admittedly, complainant stated that accused was a house wife and no mobile was there in her possession to contact the co-accused---Prosecution also did not collect the Call Data Record to substantiate the affairs between the two, even otherwise the mode and manner of the occurrence was shrouded in mystery and till the end it could not be ascertained as to how and who was the actual culprit and as such the entire case was the outcome of hypothesis without any legal proof and when that was the situation then the benefit of doubt, if any, must be extended to the accused---Circumstances established that prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

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