Citation Name: 2023 PCrLJ 865 PESHAWAR-HIGH-COURTBookmark this Case IJAZ AHMAD vs State S — 2023 PCrLJ 865 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PCrLJ 865 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 865 PESHAWAR-HIGH-COURTBookmark this Case IJAZ AHMAD vs State S
Subject matter: Criminal
Provisions referred to: S. 494---M; S. 494

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 865 PESHAWAR-HIGH-COURTBookmark this Case IJAZ AHMAD VS State S. 494---Marrying during lifetime of husband---Appreciation of evidence---Void marriage---Pre-condition---Accused persons were alleged to have married with each other during existence of valid marriage of lady accused---Trial Court convicted both the accused persons and sentenced them to imprisonment for four years---Validity---For establishing an offence under S. 494, Cr.P.C., existence of void marriage was a sine qua non---Provision of void marriage could not be pressed in cases of irregular or voidable marriages---Husband of lady accused was living therefore without proper separation from him she could not have entered into second marriage, and as such, her marriage with her co-accused was a void marriage---Lady accused was a married woman and male co-accused could not have entered into marriage with her during existence of first marriage who had willfully contracted void marriage---High Court declined to interfere in conviction and sentence awarded to both the accused persons by Trial Court---Appeal was dismissed, in circumstances.

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