Muqadas Khan vs State S — 2025 PCrLJ 1082 PESHAWAR-HIGH-COURT

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Muqadas Khan VS State S.4---Penal Code (XLV of 1860), S. 506---Criminal intimidation, demanding hand of a woman in marriage by way of Ghag---Appreciation of evidence---Accused was charged that despite dissolution of marriage on the basis of khula, he posed that sister of complainant was his legally wedded wife---Appellant was under firm belief that divorce had not taken place between the spouses, unless, procedure of talaq as provided under Shia law/Fiqa Jafria was followed and under that belief, as pleaded by him, he posed himself to be husband of sister of complainant and refrained the people from taking her hand in marriage---Record reflected that the prosecution before the Trial Court heavily placed reliance upon the evidence of Investigating Officer, sister of complainant and complainant---During cross-examination, Investigating Officer admitted that during inquiry proceedings, Fatwa was produced and according to Fiqa Jafria Talaq/Khula was not completed---Sister of complainant herself had not accepted the decree of Khula/dissolution of marriage due to non-adoption of procedure of Talaq as provided under Shia Law/Fiqa Jafria---Complainant got recorded his statement that he did not want to prosecute the accused and had got no objection, if he was acquitted of the charges---There was evidence on record, whatsoever, to disclose that the appellant posed himself to be husband of sister of complainant with mala fide intentions rather he was under belief that talaq had not taken place between the parties as per Shia law/Fiqah Jafria, till proper procedure was followed---Plea of the appellant was more plausible and convincing and he while acting in good faith claimed himself to be husband of sister of complainant till matrimonial tie between the parties was dissolved in accordance with Shia Law/Fiqa Jafria---Act of accused did not fall within the ambit of S.4 of the Elimination of Ghag Act, 2013---Futhermore conviction and sentence recorded under S.506, P.P.C was bad for want of proof---Appeal against conviction was allowed, in circumstances. Citation Name: 2025 PCrLJ 1082 PESHAWAR-HIGH-COURTBookmark this Case Muqadas Khan VS State appreciation of evidence---Principle---accused could not be held guilty for a crime on the basis of probabilities, presumption, conjectures and surmises---No one shall be construed into a crime without concrete legal proof.

Muqadas Khan vs State S — 2025 PCrLJ 1082 PESHAWAR-HIGH-COURT

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