Mst. SHAHEEN ZARI vs State Ss — 2022 YLR 1901 PESHAWAR-HIGH-COURT

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

Mst. SHAHEEN ZARI VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Call Data Record---Scope---Accused was charged for committing murder of the deceased by firing---Although it was also the case of prosecution that the accused had illicit relations with the deceased---In support of the said allegation CDR of SIM of the deceased and SIM allegedly used by accused had been brought on the record---Record showed that the Investigating Officer had taken into possession mobile phone from the accused vide recovery memo regarding which no Call Data Record was available on record to establish her contact with the deceased whereas there was no evidence on the record that SIM regarding which Call Data Record was obtained, was registered in her name---Prosecution, therefore, could not establish any telephonic contact between the accused and deceased through any convincing evidence---Accused had taken a plea in her defence which was to be taken in entirety and prosecution had failed to bring any evidence on record in rebuttal of the said version of the accused---In the light of the facts and circumstances of the case and evidence available on the record, prosecution could not discharge its burden of proving the case against the accused, hence, accused was entitled to get the benefit of circumstances of the case which led a prudent mind to the conclusion that she had acted in her defence---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. Head NotesCase Description

Mst. SHAHEEN ZARI vs State Ss — 2022 YLR 1901 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 YLR