| Case ID |
158fb826-a9b8-4082-bfbc-3e1395b4214e |
| Body |
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| Case Number |
Criminal Appeal No. 275-P of 2012 |
| Decision Date |
May 03, 2013 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the conviction and sentence of the appellant were set aside. The case was remanded to the Trial Court with the direction to proceed in accordance with the relevant provisions of the Criminal Procedure Code, 1898. The Trial Court had committed an illegality by not filing a complaint as required under section 195(b), Cr.P.C., which is a necessary step before cognizance could be taken for the offence under section 193, Cr.P.C. The learned Judge emphasized that the absence of a proper complaint rendered the conviction unsustainable. |
| Summary |
In the case of Muhammadullah vs. The State, the Peshawar High Court reviewed a conviction under section 193 of the Penal Code for giving false evidence. The appellant, Muhammadullah, had originally lodged an FIR against his son for murder but later provided contradictory statements during the trial. The court found that the Trial Court had failed to file the necessary complaint under section 195(b) of the Criminal Procedure Code before taking cognizance of the offence. This procedural error invalidated the conviction. The decision highlights the importance of adhering to legal procedures in criminal justice, ensuring that all necessary complaints are filed to uphold the integrity of the court process. The case underscores the critical nature of lawful procedures in maintaining justice, particularly in serious allegations involving family members. Keywords such as 'false evidence', 'criminal appeal', 'Peshawar High Court', and 'legal procedures' are essential for understanding the implications of this ruling. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAH, JEHAN KHAN AKHUNDZADA, J
|
| Lawyers |
Yousaf Shah Mohmand,
Alamgir Khan Durrani
|
| Petitioners |
MUHAMMADULLAH
|
| Respondents |
The STATE
|
| Citations |
2014 SLD 2509 = 2014 YLR 964
|
| Other Citations |
Amanullah and 4 others v. The State 1984 PCr.LJ 2798,
Shereen v. The State 2002 PCr.LJ 1427
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
193,
302,
195
|