Citation Name: 2023 PCrLJ 1670 PESHAWAR-HIGH-COURTBookmark this Case Mst. SHAKIRA vs State S — 2023 PCrLJ 1670 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PCrLJ 1670 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 1670 PESHAWAR-HIGH-COURTBookmark this Case Mst. SHAKIRA vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 465---Q; S. 465; 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

Citation Name: 2023 PCrLJ 1670 PESHAWAR-HIGH-COURTBookmark this Case Mst. SHAKIRA VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 465---Qatl-i-amd---Appreciation of evidence---Lunatic, trial of---Mental illness---Determination---Accused lady was convicted by Trial Court and was sentenced to imprisonment for life---Plea raised by accused was that she was mentally ill and Trial Court did not determine such fact---Validity---Complainant himself admitted mental illness of accused and Trial Court did not refer her to Standing Medical Board for examination and thereafter to proceed with the case in accordance with law---Trial Court incorrectly opted to conclude the trial without adverting to the provisions of S. 465, Cr.P.C.---High Court directed Trial Court to conduct inquiry regarding mental illness of accused after examining her through Standing Medical Board consisting of qualified medical experts in the field of mental health, who would opine whether accused was capable or otherwise to understand proceedings of trial and make her defence---High Court set-aside conviction and sentences of accused and remanded the matter to Trial Court for decision afresh---Appeal was allowed accordingly.

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