Syed Abdul Basit Shah vs State Ss — 2025 YLR 101 ISLAMABAD

Case information

Citation: 2025 YLR 101 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: YLR
Parties: Syed Abdul Basit Shah vs State Ss
Subject matter: Criminal

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

Syed Abdul Basit Shah VS State Ss. 302(b), 109, 201 & 34---Qatl-i-amd, abetment, causing disappearance of evidence of offence, or giving false information to screen offender, common intention---Appreciation of evidence---Motive not proved---Accused was charged that he and his co-accused persons committed murder of the daughter of complainant---Complainant alleged that the accused party wanted second marriage of husband of deceased, hence, wanted to get rid of the deceased and thus, they killed her---Had that been the motive and reason, the husband of the deceased would have been well within his rights to have divorced the deceased and/or had the deceased been meted out maltreatment, she would also have been within her rights to have dissolved the marriage through Khulla---Since neither the husband divorced the deceased to get rid of her, nor had the deceased complained against the maltreatment (if any) before any forum thus, an inference contrary to complainant's stance could be drawn that the relationship between the spouses was cordial and jovial---Hence, false implication of the appellant as well as the proclaimed offenders could not be ruled out---Circumstances established that the prosecution had failed to establish its case against the appellant beyond any shadow of reasonable doubt---Appeal against conviction was allowed accordingly.

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