| Citation(s) |
|---|
| 2025 SLG 2287 2025 SLD 2287 |
1. Cr. A No. 375-M/2023/2. Cr. A No. 376-M/2023/3. Cr.R No. 96-M/2023
QAZI JAWAD EHSANULLAH, J
Present: MIS Sabir Shah, ASC and Qazi Farid Ahmad, Advocate for appellants/convicts. Mr. Naeem Khan, Assistant A.G. for State. Mr. Shams-ul-Hadi, ASC for complainant. Date of hearing: 10.04.2025
(Muhammad Jalal Oi?mtl5 The State and others) (Aftab Ud Din Oi?mtl5 The State and others) (Abdul Wahid Oi?mtl5 The State and others)
Law: Pakistan Penal Code (PPC),1860
Section: 302,338-C
REMARKS
The circumstances are strikingly similar, wherein appellant aftab-ud-Din has been convicted and sentenced under Section 338-C PPC instead of Section 302 PPC for causing the death of fetus. In such scenario, we see no reason to depart from the view already taken by this Court in Wahidullah case (2021 PCrLJ 1706).
In view of the above, the instant as well as the connected appeal are allowed, the impugned judgment dated. 22.11.2022 is set aside and the case is remanded back to the learned trial court for do novo trial after framing of distinct charges against the appellant/accused facing trial under section 302 PPC (instead of section 338-C PPC) for murders of both Mst. Noreen bib as well as unborn child.
Summary: Fetal Murder
The Court found that the appellant Aftab-ud-Din had been wrongly convicted under Section 338-C PPC (causing death or harm to an unborn child) instead of Section 302 PPC (murder). Since the facts closely resemble a prior case (Wahidullah case, 2021 PCrLJ 1706), the Court allowed the appeal, set aside the earlier judgment dated 22.11.2022, and remanded the case for a de novo trial. The trial court is instructed to frame distinct charges under Section 302 PPC for the murders of both Mst. Noreen Bib and her unborn child.
Sections Involved: