Mst. Haleema Bibi Vs The State etc

Judgment Sheet

IN THE PESHAWAR HIGH COURT, ABBOTTABAD

BENCH

JUDICIAL DEPARTMENT

Jail Criminal Appeal No. 120-A/2024

JUDGMENT

Date of hearing: 08.04.2026

Appellant (Mst. Haleema Bibi) By: Mr. Amir Malik, Advocate.

Respondents (The State & another) By Mr. Babar Khan Tanoli, Advocate (State Counsel).

AURANGZEB, J.- Through the instant criminal appeal, the appellant, namely Mst. Haleema Bibi daughter of Khwaj Muhammad and widow of Sajid Khan, has called in question the judgment dated 23.07.2024 passed by the learned Additional Sessions Judge-II, Battagram, in a case arising out of FIR No. 226 dated 24.08.2023, registered under Sections 302/114/109 PPC at Police Station Banna Allai, District Battagram, whereby the appellant was convicted under Sections 302 (b) PPC and sentenced to imprisonment for life. She was further directed to pay compensation in the sum of Rs.600,000/- to the legal heirs of the deceased under Section 544-A Cr.P.C, and in default thereof, to undergo simple imprisonment for a further period of six months.

The benefit of Section 382-B Cr.P.C. was also extended to her.

2.The prosecution case, as set forth in the FIR, is that on 24.08.2023 at about 06:00 hours, the complainant, namely Gul Nawab (PW-9), while present at the Emergency Ward of Type-D Hospital Banna, Allai along with the dead body of his brother Sajid Nawaz, reported to the local police that approximately two years earlier, the marriage of the deceased with Mst. Haleema Bibi had been solemnized; however, the couple remained issueless. It was alleged that on the preceding night, the complainant along with his family members was sleeping in his house when, at about 11:30 p.m, his sister-in-law Mst. Haleema Bibi called him from outside his room and informed him to come immediately as something had happened to her husband. Upon this, the complainant, accompanied by his brother Nazeemullah and other inmates of the house, rushed towards the room of the appellant and entered therein, where they found Sajid Nawaz lying in critical condition with blood and foam oozing from his mouth. He was immediately shifted in a vehicle to Thakot Hospital, where the attending doctor declared him dead. The complainant further stated that upon observing the dead body, he noticed visible rope marks around the neck of the deceased as well as marks on his hands and feet suggestive of restraint. Thereafter, the dead body was shifted to Battagram Hospital and subsequently to Banna Hospital. It was further alleged that at the relevant time, the appellant Mst. Haleema Bibi, wife of

the deceased, was present in the room with the deceased and, according to the complainant, Sajid Nawaz had been murdered by strangulation after his hands and feet had been tied. On the basis of the said allegations and upon the complainant’s nomination of the appellant, the FIR was registered accordingly.

During investigation, the appellant allegedly made a confessionary statement, pursuant whereto co-accused namely Behram, Nawab Zada, and Mst. Nusrat Bibi (juvenile) were also arrayed as accused in the case.

3.Upon completion of investigation, challan was submitted before the Court of competent jurisdiction.

The appellant along with the co-accused was formally charged, to which they pleaded not guilty and claimed trial. In support of its case, the prosecution produced as many as ten (10) witnesses. After closure of the prosecution evidence, statements of the appellant and co-accused under Section 342 Cr.P.C were recorded, wherein they denied the prosecution allegations in toto and professed their innocence. They neither opted to appear as witnesses in their own defence under Section 340(2) Cr.P.C nor produced any evidence in rebuttal.

Upon appraisal of the material brought on record, the learned trial Court found the present appellant guilty of the charge and convicted and sentenced her in the manner noted hereinabove, while extending benefit of doubt to the co-accused, who were acquitted of the charge.

4.Learned counsel for the appellant as well as state counsel were heard at considerable length. Record has also been perused.

5.Perusal of the record reflects that the prosecution case rests primarily upon the ocular account furnished by the complainant. According to the prosecution, on 24.08.2023 at about 06:00 a.m, the complainant Gul Nawab (PW-9), while present at Type-D Hospital Banna, Allai with the dead body of his brother Sajid Nawaz, reported that the deceased had married appellant Mst. Haleema Bibi about two years earlier and the couple had no issue. On the preceding night at about 11:30 p.m, the appellant called the complainant and informed him that something had happened to the deceased. The complainant, along with other family members, rushed to the room and found Sajid Nawaz in critical condition with blood and foam oozing from his mouth. He was taken to Thakot Hospital where he was declared dead. The complainant noticed rope marks on the neck of the deceased and marks on his hands and feet suggestive of restraint, and alleged that the deceased had been strangulated after being tied. As the appellant was allegedly present in the room at the relevant time, she was nominated in the FIR. During investigation, on the basis of her alleged confessionary statement, co-accused Behram, Nawab Zada and Mst.

Nusrat Bibi (juvenile) were also implicated in the case.

6.This court first to determine the ocular account furnished by the complainant in his report and medical report furnished by the doctor. A perusal of the available record reflects that the complainant entered the witness box as PW-9 and, in his examination-in-chief, deposed that deceased Sajid Nawaz was his real brother and had contracted marriage with Mst. Haleema Bibi approximately two years prior to the occurrence.

According to him, on the night intervening 23/24.08.2023, at about 11:30 p.m., while he and other family members were asleep in the house, Mst.

Haleema Bibi called them and informed that something had happened to her husband. Thereupon, he along with his brother Nazeemullah and other family members rushed to the room of the deceased, where they allegedly found blood and frothy secretion emanating from the mouth of deceased Sajid Nawaz and his condition to be critical. He further stated that the deceased was immediately shifted to Hospital Thakot, where he was declared dead by the attending doctor.

The complainant further asserted that upon examining the body of the deceased, he noticed marks of rope on the neck as well as on the hands and feet of the deceased. He also categorically deposed that on the fateful night, only Mst. Haleema Bibi, being the wife of the deceased, was present in the room with him.

However, the aforesaid ocular account furnished by the complainant does not find corroboration from the

medical evidence available on record. The medical officer, who appeared before the learned trial Court as PW-6, deposed in his examination-in-chief, the relevant portion whereof is reproduced hereunder;- “Stated that on 24/08/2023 at 06:10AM, the deceased Sajid Nawaz s/o Bakht Munir aged about 20/22 years Caste Akhundkhail r/o Hutal Batkool Tehsil Allai District Battagram was brought by local police to the hospital for post mortem examination, The dead body was identified by the family members. I conducted autopsy on the dead body of the deceased and found the following:- Information furnished by the police: That young man got death.

External appearance Marks of ligature on neck and dissection, etc.

Blackish scars founded.

Condition of subject stout emaciated, decomposed etc, clothing:

Young man with muscles rigidity occurs. Wounds, bruises etc:

1.Blackish scratches scars found about 4 x 4inch scars size on the right side of the neck and about 2 x 2inch in size blackish scratches scars present on the left side of the neck.

2.Huge amount of frothy secretion founded from the mouth and nose during post mortem examination of the dead body.

Cranium and Spinal Cord:

Scalp, skull and vertebrae: Intact Thorax: Intact.

Abdomen:

1.Wall: Intact.

2.Peritoneum: Intact.

3.Mouth, pharynx and esophagus:Intact.

4.Diaphragm: Intact.

5.Stomach and its contents: Intact with small amount of digestive food matter present.

6.Pancreas: Intact.

7.Small intestines and their contents: Intact.

8.Large intestines and their contents: Intact.

9.Liver: Intact.

10.Spleen: Intact.

11.Kidneys: Intact.

12.Bladder: Intact.

13.Organs of generation external and internal: Intact.

Muscles, Bones, Joints: Intact.

Opinion:

In my opinion as there is no sign of injuries except scratches scars found on both sides of neck. The body of the deceased only frothy secretion from the nose and mouth was present which is sign of ingestion poison in most of the cases but the exact cause will be sort out after analysis of stomach contents which is taken for pathology to detect the cause of death and contents handed over to local police for lab examination.

Probable time that elapsed:- Between injury and death: Instant death (not confirmed).

Between death and postmortem:02-03 hours.

Today I have seen the PM examination report consisting of 06 pages including pictorial. The report is in my handwriting, correct and duly singed by me. Same is Ex.PM. I also endorsed the inquest report and injury sheet of the deceased, my endorsement are Ex.PW- 6/1 and Ex.PW-6/2.”

The doctor has specifically deposed that no signs of injury were observed on the body of the deceased except scratch scars present on both sides of the neck.

He further stated that frothy secretion was found from the nose and mouth of the deceased, which, in most cases, is indicative of ingestion of poison, though the exact cause of death was to be determined after chemical analysis of the stomach contents. Significantly, the stomach contents were sent for

pathological/laboratory examination, but the report

thereof was received in negative. Thus, the medical evidence materially departs from and fails to substantiate the complainant’s assertion regarding visible rope marks on the neck, hands, and feet of the deceased, thereby creating a serious inconsistency between the ocular and medical evidence, which adversely affects the veracity and reliability of the prosecution’s version. In this regard reliance is placed on the judgment of apex Court delivered in case titled Qurban Ali versus The State (2025 SCMR 1344), wherein it was held that:-

“Dr. Yasmin (PW-2) and Dr. Qasim (PW-

3)have also categorically stated that chemical examiner’s report with regard to intoxication and poisoning of the three deceased persons returned as negative. It also transpires from the record that there was no evidence of strangulation on the bodies of the deceased persons; no cell phone call data record was collected by the police; so as to connect the calls made by the accused-Qurban Ali to either Kamal Khan or Gul Muhammad (PWs), Arshad Hassan Khan, SI (PW-7) has stated in his deposition that he visited the place of incident before the lodging of the FIR and then again after formal lodging of the same, which naturally raises a question as to why and for what purpose did he visit the place of incident before the lodging of FIR, this question however, has remained unexplained.”

Further reliance is placed on the judgment of apex court rendered in case titled Muhammad Abras versus The State (2025 SCMR 1145), wherein it was held that:-

“Oral and medical evidence also contradict each other. PW-Haroon

Rasheed claimed to have sustained a firearm injury on his left ankle at the time of occurrence, but the medical certificate provided by Dr. Faisal Kakar shows that the injury occurred on his right lower leg. This disparity calls into question the validity of the evidence used against the appellant.”

7.The next aspect requiring determination by this Court pertains to the evidentiary worth and legal validity of the confessional statement allegedly made by the present appellant and recorded by the learned Judicial Magistrate. In this regard, the learned Judicial Magistrate, who appeared before the trial Court as PW- 4, candidly admitted during cross-examination that his own maternal language is Hindko, whereas the appellant was a Pushto-speaking person. He further acknowledged that the appellant was illiterate and that no interpreter or translator was associated at the time of recording the alleged confession, on the premise that no such assistance was considered necessary. This admission assumes considerable significance. Where an accused is admittedly illiterate and the confession is reduced into writing in a language other than the one understood by him, particularly in Urdu or English, it is an indispensable legal requirement that the contents thereof be read over and fully explained to the accused in the language comprehensible to him so as to ensure that the statement is voluntary, conscious, and made with complete understanding of its import and consequences. The failure to associate an interpreter or

to establish that the confession was explained to the appellant in the language understood by him seriously impairs the sanctity and reliability of the alleged confession, thereby creating a substantial dent in the prosecution case and rendering the same highly doubtful in evidentiary value. In this regard reliance is placed on the judgment of apex court rendered in case titled Azeem Khan and another versus Mujahid Khan and others (2016 SCMR 274) has held that:- “15. Keeping in view the High Court Rules, laying down a binding procedure for taking required precautions and observing the requirements of the provision of section 364 read with section 164, Cr.P.C. by now it has become a trite law that before recording confession and that too in crimes entailing capital punishment, the Recording Magistrate has to essentially observe all these mandatory precautions. The fundamental logic behind the same is that, all signs of fear inculcated by the Investigating Agency in the mind of the accused are to be shedded out and he is to be provided full assurance that in case he is not guilty or is not making a confession voluntarily then in that case, he would not be handed over back to the police. Thereafter, sufficient time for reflection is to be given after the first warning is administered. At the expiry of that time, Recording Magistrate has to administer the second warning and the accused shall be assured that now he was in the safe hands. All police officials whether in uniform or otherwise, including Naib Court attached to the Court must be kept outside the Court and beyond the view of the accused. After observing all these legal requirements if the accused person is willing to confess, then all required questions formulated by the High Court Rules should be put to him and the answers given, be recorded in the words spoken by him. The statement of accused be recorded by the Magistrate with his

own hand and in case there is a genuine compelling reason then, a special note is to be given that the same was dictated to a responsible official of the Court like Stenographer or Reader and oath shall also be administered to such official that he would correctly type or write the true and correct version, the accused stated and dictated by the Magistrate. In case, the accused is illiterate, the confession he makes, if recorded in another language i.e. Urdu or English then, after its completion, the same be read-over and explained to him in the language, the accused fully understand and thereafter a certificate, as required under section 364, Cr.P.C. with regard to these proceedings be given by the Magistrate under his seal and signatures and the accused shall be sent to jail on judicial remand and during this process at no occasion he shall be handed over to any police official/officer whether he is Naib Court wearing police uniform, or any other police official/officer, because such careless dispensation would considerably diminish the voluntary nature of the confession, made by the accused.

16.In the instant case, the Recording Magistrate namely, Ch. Taufiq Ahmed did not observe least precautions, required under the law. He was so careless that the confessions of both the appellants were recorded on oath, grossly violating the law, the same, therefore, has rendered the confession inadmissible which cannot be safely relied upon keeping in view the principle of safe administration of justice.

Further reliance is placed on the judgment of august Court rendered in case titled Hashim Qasim and another versus The State (2017 SCMR 986), wherein it was held that:-

“Another important aspect, which escaped the notice of the two courts below, is that, the Magistrate in his certificate has mentioned that the accused gave statement in "Hindko

Dialect" which the Magistrate translated into Urdu. The Magistrate has nowhere stated in the certificate or at the trial that he was fully acquainted with or could understand "Hindko language" and that the confession was translated word by word from 'Hindko to Urdu’.”

Reliance is also placed on the judgment of this Court rendered in case titled Ali Rehman and another versus The State through Additional Advocate General and 3 others (2021 YLR Note 118), wherein it was held that:-

“9. Admittedly, both the Judicial Magistrate and the present appellant did not know the languages of each other and Reader of the Court had acted as an interpreter/translator between them while recording the confessional statement. The best and legal course for the Judicial Magistrate in the mentioned situation was to administer oath to the Reader before recording confession for getting the satisfaction that what the Judicial Magistrate had recorded in his handwriting was the actual utterance of the appellant and was translated word by word by the Reader without any alteration. Even the prosecution has not produced the said Reader of the Court as prosecution witness. While facing such situation in the case of Mst. Bakht Saba and another v. The State through Additional Advocate-General and another (2014 MLD 942 Peshawar), this Court discarded the confessional statement of the accused by observing that: Secondly, the appellants were speaking Pashto while the Magistrate, who recorded the confession, was of Urdu speaking. Adil Mir, Judicial Magistrate (PW-5) in the first line of his cross- examination stated that he was not understanding Pashto and requested learned counsel for appellants to ask questions from him in Urdu. He further stated that he had not examined the accused to ascertain as to whether they were maltreated or not. He further stated

in his cross-examination that accused were not knowing Urdu while he was not understanding Pashto; therefore, he recorded the confessions through his Steno, namely, Sheraz. He admitted that he has not mentioned this fact in the confessional statements. As there was complete disorder in verbal communication between the Magistrate concerned and the appellants and even the said Sheraz has not been produced, therefore, it cannot be said with certainty that the said Magistrate satisfied himself regarding voluntariness of the confessional statements.”

8.Another aspect requiring determination by this Court pertains to the alleged recovery of the rope purportedly effected on the pointation of the appellant. A careful appraisal of the record reveals that the said recovery does not inspire confidence, for the reason that the rope was allegedly recovered from an open and accessible place, thereby rendering the possibility of its prior availability to others impossible to exclude. Such recovery, being from an unsecured location, carries diminished evidentiary value and cannot be readily relied upon by a prudent judicial mind without independent corroboration. Furthermore, despite the prosecution’s stance in the First Information Report that the said rope was used in the commission of the offence, the investigating agency failed to send the recovered article to the Forensic Science Laboratory for chemical or scientific examination so as to connect it with the occurrence or the deceased. This omission on the part of the prosecution constitutes a material lapse in investigation. The absence of forensic corroboration,

coupled with the inherently weak nature of recovery from an open place, materially undermines the evidentiary worth of the alleged recovery and creates further dent in the prosecution case, entitling the accused to the benefit of doubt. In this regard reliance is placed on the judgment of apex court rendered in case titled Sikandar Ali alias Bhola versus The State (2025 SCMR 552), wherein it was held that:-

“Insofar as the recovery of a rope on the pointation of petitioner is concerned, the same was recovered from an open place i.e., under the trees situated in the naval complex, Islamabad. The said place was accessible to the public and the same was not in exclusive possession of the petitioner. Moreover, the abovementioned rope was not sent to the office of PFSA in order to determine that as to whether the same stained with any hair, skin, tissue or blood of the deceased.”

9.Apart from the foregoing infirmities, it further transpires from the record that in her alleged confessional statement the appellant had nominated three other persons as co-accused in the commission of the occurrence; however, after full-dressed trial, the said co-accused were acquitted of the charges by the learned trial Court on the basis that the prosecution failed to substantiate its allegations against them.

Significantly, the prosecution did not challenge their acquittal before the competent forum, thus permitting the said findings to attain finality. This aspect carries considerable legal significance, inasmuch as where a confessional statement is relied upon by the prosecution

as truthful and voluntary, but the same is disbelieved or found insufficient with respect to the co-accused specifically implicated therein, the selective reliance upon that very statement against the present appellant becomes inherently unsafe unless corroborated by strong independent evidence. The prosecution cannot be permitted to treat one and the same piece of evidence as truthful in part and unreliable in part without furnishing convincing justification for such selective acceptance. The unchallenged acquittal of the co- accused, therefore, substantially erodes the credibility and probative value of the alleged confession and casts a serious shadow upon the overall prosecution narrative. This circumstance, when considered in conjunction with the other infirmities discussed hereinabove, gives rise to a reasonable and prudent doubt regarding the truthfulness of the prosecution case, the benefit whereof, by settled principle of criminal jurisprudence, must accrue to the appellant.

10.It is a well-settled principle of criminal jurisprudence that for extending the benefit of doubt to an accused, it is not necessary that the record should disclose multiple infirmities or a series of suspicious circumstances. Even a solitary circumstance, if it is of such a nature as to create a reasonable doubt in the mind of a prudent person regarding the guilt of the accused, is sufficient to entitle him to such benefit. The rule is grounded in the cardinal principle that the

prosecution must prove its case beyond reasonable doubt, and any doubt, howsoever slight but reasonable, must necessarily operate in favour of the accused, resulting in acquittal. The august Supreme Court in Imtiaz Hussain Shah alias Tajjay and another versus The State and others (2025 SCMR 1110) has held that for extending benefit of doubt it is not necessary that there should be multiple circumstances; rather, a single circumstance creating reasonable doubt in a prudent mind is sufficient. The relevant paragraph is reproduced below:—

“On reappraisal of the evidence on record we have arrived at an irresistible conclusion that the prosecution has miserably failed to prove guilt of the appellants through cogent and confidence inspiring direct and circumstantial evidence. The prosecution's evidence is riddled with doubts, benefit of which must be extended to the appellants not as a matter of grace or concession but as a matter of right. It is settled principle of law that for giving the benefit of the doubt it is not necessary that there should be multiple circumstances rather a single circumstance creating reasonable doubt in a prudent mind is sufficient for extending its benefit to an accused. Reliance is placed on the cases of "Muhammad Mansha v. The State" (2018 SCMR 772) and Najaf Ali Shah v. The State (2021

SCMR 736).”

11.It thus appears from the record that the prosecution, by suppressing material facts, presented a distorted picture of the occurrence, which is not only far removed from the actual facts but has also brought its case under serious clouds of doubt. It is a cardinal

principle of criminal law that in order to bring home the guilt of an accused, the prosecution must prove its case beyond reasonable doubt, and if any reasonable doubt arises, its benefit must go to the accused as of right.

This principle fully applies to the present case.

12.The learned trial Court, in our considered view, did not appreciate the evidence in its true perspective and fell into grave error in recording the convictions of the appellants. The impugned judgment, therefore, is not sustainable in law.

13.For what has been discussed above, this appeal is allowed. The appellant is acquitted of the charges framed against her. She shall be released forthwith, if not required in any other case.

These are the detailed reasons for our short order of the even date.

Announced:

08.04.2026 JUDGE

JUDGE

Hon’ble Mr. Justice Syed Mudasser Ameer Hon’ble Mr. Justice Aurangzeb

Aftaf PS/*