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

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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---Confessional statement of accused lady---Scope---Accused was charged for committing murder of her husband in collusion with her paramour---Confessional statement showed that the questionnaire was in a printed performa with Yes and No replies, neither the necessary questions were asked nor the Magistrate could explain in the way he was supposed to, so much so he did not identify himself to accused---Lady was rushed to him in unholy haste and the time provided for thinking was only five minutes, what in a hurry the Magistrate was, that left him unrealized that the accused before him was a house wife of tender age---Judicial Magistrate could not explain that the accused was made to understand in Pushto being uneducated---No opportunity was provided to consult some one of her trust, rather accused was examined in an atmosphere of tension and uncertainty, not only she was confused but the Judicial Magistrate was also confused, who in his examination in chief constantly stated "He" instead of "She" which later on was corrected and even that found mentioned in the certificate---No sanctity could be attached to such confession---Judicial Magistrate had mentioned that after recording confession accused was handed over to the Naib Court who lodged her in the judicial lockup---Magistrate stated that from District Courts the accused was taken to the Central Jail and from there proceeded to the house of absconding co-accused for house search, so the Magistrate also went telling lie---Said conduct of Judicial Magistrate had seriously questioned the integrity of his office and status and his conduct could neither be ignored nor condoned---Circumstances established that prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

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

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