| Case ID |
217218cf-ebc4-4f62-9145-a8b948211329 |
| Body |
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| Case Number |
Criminal Appeal No.1 of 2007 |
| Decision Date |
Apr 09, 2009 |
| Hearing Date |
Apr 08, 2009 |
| Decision |
In the case of Nawab Khan v. The State, the Peshawar High Court upheld the conviction and life imprisonment sentence imposed on Nawab Khan under Section 302(b) of the Penal Code (XLV of 1860). The court found the appellant's confession to be voluntary and corroborated by circumstantial and medical evidence, including the injury spot revealing strangulation and the statement of the prosecution witness. The plea of insanity raised by the appellant was deemed unsubstantiated and not credible. The High Court observed that the appellant's actions, including the prolonged period before arrest and the detailed confession, negated claims of insanity at the time of the crime. Additionally, the court dismissed the appellant's reliance on prior acquittals of co-accused individuals, stating that each case stands on its own merits. The judgment affirmed the trial court's proper appreciation of the evidence and maintained the conviction and sentence. |
| Summary |
In the landmark case Nawab Khan v. The State, adjudicated by the Peshawar High Court on April 9, 2009, the appellant, Nawab Khan, was convicted and sentenced to life imprisonment under Section 302(b) of the Penal Code (XLV of 1860) for the brutal murder of his five-month-old niece, Mst. Bas Saleha. The court meticulously examined evidence, including Nawab Khan's voluntary confession and medical reports confirming strangulation as the cause of death. The appellant's defense, which included an afterthought plea of insanity, was thoroughly scrutinized and ultimately dismissed due to lack of credible evidence and inconsistencies in his claims. The High Court also addressed the appellant's argument referencing prior acquittals of co-accused individuals, emphasizing that each case must be evaluated on its own factual and evidentiary grounds. Prominent legal representatives, including Gohar Zaman Khan Kundi for the appellant and Sanaullah Shamim Gandapur, D.A.-G. for the State, presented their arguments, but the court remained steadfast in its decision based on the robustness of the prosecution's case. This judgment underscores the judiciary's commitment to upholding justice through rigorous evidence assessment and rejection of unsubstantiated defenses. The case also highlights the importance of judicial discretion in evaluating confessions and the necessity of corroborating evidence in criminal convictions. Nawab Khan's appeal was consequently dismissed, reinforcing the legal precedent for handling cases involving familial crimes and the critical evaluation of defense claims such as insanity. |
| Court |
Peshawar High Court
|
| Entities Involved |
THE STATE,
Nawab Khan,
Gohar Zaman Khan Kundi,
Sanaullah Shamim Gandapur, D.A.-G.,
Zafar Nawaz Sikandri,
Mst. Bas Saleha,
Muhammad Alam Khan,
Syed Yahya Zahid Gilani
|
| Judges |
Muhammad Alam Khan,
Syed Yahya Zahid Gilani
|
| Lawyers |
Gohar Zaman Khan Kundi,
Sanaullah Shamim Gandapur, D.A.-G.,
Zafar Nawaz Sikandri
|
| Petitioners |
Nawab Khan
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 3464,
2009 PCRLJ 1062
|
| Other Citations |
Ch. Barkat Ali v. Major Karam Elahi Zia and another 1992 SCMR 1047,
State v. Muhammad Naseer 1993 SCMR 1822,
Ali Khan v. The State 1999 SCMR 955,
Imran Sharaf and 7 others v. The State 2001 SCMR 424
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b)
|