| Case ID |
09d74d48-9e8f-423b-9663-d1beb1b1ace8 |
| Body |
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| Case Number |
Crl. A. No. 113 of 2004 with M. Ref. No. 12 of 200 |
| Decision Date |
Jan 17, 2005 |
| Hearing Date |
Jan 17, 2005 |
| Decision |
The appeal was allowed, and the conviction and sentence of the appellant were set aside. The charge against the appellant was not proven beyond a reasonable doubt, leading to his acquittal. The court highlighted that the confessional statement made by the appellant was not voluntary, as it was obtained under duress and torture. Additionally, the recovery of incriminating evidence, such as the shotgun and blood-stained lace, was deemed doubtful and insufficient for a conviction. The decision emphasized the importance of credible evidence in securing a conviction and the necessity of upholding the principles of justice. |
| Summary |
In the case of Zareen Shah vs. State, the Peshawar High Court dealt with serious allegations involving murder and robbery under the Pakistan Penal Code. The appellant, Zareen Shah, was accused of committing murder under Section 302 and robbery under Section 392. The appeal centered on the admissibility and reliability of the confessional statement obtained from the appellant, which was claimed to be coerced due to police torture. The court scrutinized the validity of circumstantial evidence presented, including the recovery of a shotgun and blood-stained items, concluding that they did not sufficiently implicate the accused. The judges reiterated the standard of proof required for conviction, emphasizing that any doubt should favor the accused. The court's decision to acquit Zareen Shah underlined the critical need for lawful procedures in obtaining evidence and confessions, ensuring that justice prevails in the legal system. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
Ejaz Afzal Khan,
Muhammad Raza Khan
|
| Lawyers |
Mr. Sana-ullah Khan Gundapor,
Mr. Saleem Ullah Khan,
Mr. Muhammad Iqbal
|
| Petitioners |
Zareen Shah
|
| Respondents |
,
State
|
| Citations |
2005 SLD 3768,
2005 PLJ 767
|
| Other Citations |
PLD 1994 Peshawar 102,
1996 P.Cr.L.J. Peshawar 358,
PLD 2004 Peshawar 299,
2004 SCMR 796,
2004 P.Cr.L.J. 1102 Federal Shariat Court
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
392,
410
|