PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Mst. SHAHANA BIBI vs State S — 2022 PCrLJ 916 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 916 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
Mst. SHAHANA BIBI vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; Penal Code (XLV of 1860)

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. SHAHANA BIBI VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 34, 82 & 83---Qatl-i-amd, common intention, act of a child under seven years of age and act of a child above seven and under twelve of immature understanding---Allegation against accused was that she served the tea as prepared by co-accused and wife of complainant and she died after taking the tea---Prosecution had not alleged that the accused was involved in the preparation of poisonous tea nor was it discernable from the perusal of the evidentiary material produced before the Court that the co-accused needed any help of the accused in preparation of the poisonous tea---Such type of allegations were very easy to level but very difficult to prove---Accused and her co-accused were related to each other and in that milieu, spreading the net wide by the complainant party so as to falsely entangle the accused in the criminal case appeared to be a possibility which could not safely be ruled out of consideration---Prima facie reasonable grounds were available to believe that case of accused required further inquiry---Another aspect of the case was that the accused at the time of her arrest was admittedly only twelve years of age and of female gender---Section 82 of P.P.C. deemed children under 10 years of age incapable of forming an intent to commit a crime---Section 83 of P.P.C. exempted child above 10 years of age and under 14, who had not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion from criminal responsibility---Petition for grant of post-arrest bail was accepted, in circumstances.

Other judgments reported in 2022 PCRLJ

Back to the case-law library · Search Pakistani case law in Urdu or English