Case Details

Citation(s)
2022 SLG 1819 2022 SLD 1819 2022 PLJ 205
Supreme Court of Pakistan
Crl. P. No. 407 of 2022, decision dated: 12.5.2022. (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 AND YAHYA AFRIDI, JJ.
Mr. Astaghfirullah, ASC and Mr. Anis Muhammad Shahzad, AOR for Petitioner. Mian Shafaqat Jan, Addl. A.G., Mr. Yaseen Farooq, R.P.O., Mr. Muhammad Fayyaz, S.P., Syed Jameel, D.S.P., Numair Khan, Inspector for State. Mr. Muhammad Usman Turlandi, ASC and Sye

JANAB ALI

VS

STATE, etc.

Law:

Section:

Lady Police Officer-----A lady police officer should be associated with these type of cases particularly where complainant and/or witnesses are ladies, who may not be forthcoming before male police officers, are intimidated and/or actively conceal truth of matter--In such cases, usual methods in investigating crimes may also not reveal truth--And, emphasis placed on complainant’s statement needs careful and proper consideration--Circumstantial evidence and stated motive be tested for veracity, and it be explored whether behind crime there was another motive. Investigation of Rape Cases-- ----In investigation of rape cases Province of Punjab has formulated ‘Standard Operating Procedure (SOP) for Investigation of Rape Cases’ dated 20 August 2013--If something similar is done in Province of Khyber Pakhtunkhwa with regard to rape cases and in respect of crimes committed against women on pretext of honour it will help to better investigate and prosecute those who commit such crimes--When women are done to death on account of an allegation or suspicion of impropriety on their part it is a matter of grave concern. 2020 SCMR 761. ‘Qazf’-- ----The Offence of Qazi (Enforcement of Hudood) Ordinance, 1979 made false imputation of adultery or fornication (qazf) a crime but this law, which granted women Qur’anic protection against such slander, unfortunately, has been rendered into a dead letter law--Instead, what is seen is that women are first slandered and then murdered, and more often than not on mere suspicion, and she is buried having lost both her life and reputation in this world--Oftentimes victim’s husband or someone from her own family are perpetrators, and sometimes both sides join hands in committing murder, and truth is suppressed by all. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Allegation of murder and rape--Bail, grant of--Further inquiry--Prosecution case against petitioner is that he came to house of complainant, where deceased had moved to because of a disagreement with her husband and that both he and her husband shot and killed her--However, submits counsel, that three spent bullet casings recovered from crime scene have been forensically…
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