| Case ID |
38474ffd-fcc8-4373-9348-9da3000aa414 |
| Body |
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| Case Number |
Criminal Appeal No. 350-B with Murder Reference No |
| Decision Date |
Jan 18, 2021 |
| Hearing Date |
Jan 18, 2021 |
| Decision |
The appeal was allowed, the conviction awarded to the accused under Section 338-C, PPC, was set aside, and the case was remanded back to the Trial Court for a de novo trial after framing the charge under Section 302, PPC. The Court determined that the Trial Court had erred in framing the charge under Section 338-C instead of Section 302, as the unborn child was deemed a person under the law. The decision emphasized the importance of properly framing charges to ensure the accused understands the nature of the accusations against them, thereby upholding justice. |
| Summary |
This case revolves around the conviction of Wahid Ullah for the murder of Mst. Asia Bibi and her unborn child, a cephalic foetus of 39 weeks. The Peshawar High Court found that the lower court incorrectly charged the accused under Section 338-C of the Pakistan Penal Code, which pertains to causing miscarriage, rather than under Section 302 for murder. The Court highlighted that an unborn child, particularly one at 39 weeks gestation, is considered a person under the law, thus warranting a charge of murder. The decision underscores the necessity of precise legal definitions and the implications of wrongful charges on the accused's ability to defend themselves. The case was remanded for a new trial to ensure justice is served, reinforcing the principle that the law protects all lives, including the unborn. This ruling is significant in legal discourse surrounding the rights of the unborn and the definitions of personhood within Pakistani law. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Musarrat Hilali,
Sahibzada Asadullah
|
| Lawyers |
Sawal Nazir Khan for Appellant,
Shahid Hameed Qureshi, Additional A.G. for the State
|
| Petitioners |
Not available
|
| Respondents |
The State and Others
|
| Citations |
2021 SLD 2588,
2021 PCRLJ 1706
|
| Other Citations |
Hakim Ali v. The State 2013 YLR 2169,
Zaman Shah v. The State 2015 MLD 795
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302(b),
338-C,
449,
225,
222
|