WASEEM HASSAN KHAN vs STATE — 2026 SCMR 308 SUPREME-COURT

Case information

Citation: 2026 SCMR 308 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: WASEEM HASSAN KHAN vs STATE
Subject matter: Criminal
Provisions referred to: S. 302; 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

WASEEM HASSAN KHAN VS STATE. S. 302(b)---Criminal Procedure Code (V of 1898), Ss. 423 & 428---Qatl-i-amd---Re-appraisal of evidence---Remanding of case---Additional evidence, recording of---Principle. Accused was convicted for murdering his own wife and was sentenced to imprisonment for life. High Court remanded the matter to Trial Court for decision afresh after recording further evidence. Validity. Appellate Court, under Section 428 Cr.P.C. has been provided power to record additional evidence separately and thereafter decide appeal which cannot be mixed up or intertwined with exactitudes of Section 423, Cr.P.C., which deals with general powers of Appellate Court including the power of remand. Even if additional evidence was ordered to be recorded without any application from any party, the matter could not be remanded but it should have been recorded by High Court itself and if such task was assigned to Trial Court then after recording and receiving evidence, the High Court should have decided the appeal to fulfill requirements of Section 428, Cr.P.C. but this was lacking in the proceedings. Supreme Court set aside order in question and the matter was remanded to High Court to decide appeal of accused afresh. Appeal was allowed.

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