PESHAWAR, Nov 27: The Peshawar High Court on Wednesday acquitted a woman earlier convicted by a trial court for killing her husband.
A two-member bench of the high court comprising Justice Tariq Pervaiz and Justice Ijazul Hassan accepted the criminal appeal of Naseem Akhter, observing that the prosecution could not produce any evidence, which could connect the commission of the offence with the appellant.
The appellant was convicted by the Additional District and Sessions Judge, Charssada, Anwer Ali, and was sentenced to life with a fine of Rs200,000.
The case had assumed public importance as the deceased, Mukhtiar Khan, was a traffic police head-constable in Charssada and the amputated parts of his body were recovered from different areas.
The appellant had claimed that she was severely tortured by the police and forced to record her confessional statement.
Mr Khan, used to reside along with his family at a CIA’s quarter in Charssada. He left his residence along with a lady named Nekraz on Oct 20, 1998. Few days later, a sack was recovered by the police from a field in Shahpasand area which carried the head of the deceased. His limbs were recovered from other areas, however, his trunk remained missing.
When the head of the deceased was recovered, the traffic police recognized it and informed his family. Later, his wife was arrested on complaint of his father and brother, who claimed that Mr Khan had already divorced two wives and was not in good terms with the appellant.
Advocate Noor Alam Khan appeared for the appellant and contended that the confessional statement of the lady was under coercion. He argued that during the trial the appellant had recorded her statement under oath in which she had retracted her confessional statement and claimed that her husband was having extra marital relations with other women.
She claimed that one night a lady named Nekraz visited their residence and the next morning her husband left with her following which she received few letters of her husband that he is in Swabi in connection with a property issue.
The counsel argued that daughter of the appellant, Nasiha, was produced as prosecution witness, but her statement also supported the statement of the appellant under oath. The daughter, he argued, had stated that their mother was sleeping with them in a room, whereas her father and the lady, Nekraz, slept outside. She also stated that early in the morning her father left the residence.
Moreover, Mr Khan argued, in the confessional statement purported to her, Naseem Akhter had stated that she had hatched the conspiracy to kill her husband in connivance with Ms Nekraz. He questioned how could a lady chalk out plan of killing her husband in connivance with a lady with whom her husband was having illicit relations?
































