Case Details

Citation(s)
2022 SLG 985 2022 SLD 985 2022 SCMR 1323
Supreme Court of Pakistan
Criminal Petition No. 407 of 2022, decision Dated: 12-06-2022, hearing Date : 12-06-2022. (Against the order Dated 21.03.2022 passed by the Peshawar High Court, Peshawar in Cr. Misc. B.A. No. 508-P of 2022)
QAZI FAEZ ISA, JUSTICE, YAHYA AFRIDI, JUSTICE
Astaghfirullah, Advocate Supreme Court and Anis Muhammad Shahzad, Advocate-on-Record for Petitioner. Mian Shafaqat Jan, Additional A.G., Yaseen Farooq, R.P.O. Muhammad Fayyaz, S.P., Syed Jameel, D.S.P. and Numair Khan, Inspector for the State. Muhammad

JANAB ALI

VS

THE STATE AND OTHErs

Law: Pakistan Penal Code, 1860

Section: 302(b),497(2)

(a) Penal Code (XLV of 1860)----S. 302(b)--- Murder of a woman on the pretext of honour---Investigation---Lack of lady police officers to investigate crimes in Province of Khyber Pakhtunkhwa---Observations recorded by the Supreme Court about the importance of lady police officers for investigating crimes of honour killing and the need for Standard Operating Procedure for investigating crimes committed against women on the pretext of honour. A lady police officer should be associated with cases involving murder of a woman on the pretext of honour particularly where the complainant and/or the witnesses are ladies, who may not be forthcoming before male police officers, are intimidated and/or actively conceal the truth of the matter. In such cases, usual methods in investigating crimes may also not reveal the truth. And, the emphasis placed on the complainant’s statement needs careful and proper consideration. Circumstantial evidence and the stated motive be tested for veracity, and it be explored whether behind the crime there was another motive. In the investigation of rape cases the Province of Punjab has formulated ‘Standard Operating Procedure (SOP) for Investigation of Rape Cases’ dated 20 August 2013. If something similar is done in the Province of Khyber Pakhtunkhwa with regard to rape cases and in respect of crimes committed against women on the pretext of honour it will help to better investigate and prosecute those who commit such crimes. Babar v. The State 2020 SCMR 761 ref. The concerned functionaries should reflect upon and consider how the investigation and prosecution of crimes against women can be better investigated and prosecuted, and to make requisite rules, regulations and/or issue requisite instructions in this regard. This may also have a salutary effect to ensure that womens’ name and character is not unnecessarily slandered and besmirched. Surah An-Nur (24) verse 24 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 302(b)---Constitution of Pakistan, Art. 185(3)---Murder of a woman on the pretext of honour---Bail, grant of---Further inquiry---Prosecution case against the accused was that he came to…
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