Peshawar High Court Rules Killing of Pregnant Woman as Double Murder in Landmark Verdict

PESHAWAR: In a historic ruling, the Peshawar High Court has declared that the killing of a woman in the advanced stages of pregnancy should be treated as double murder, recognising the unborn child as a second victim. The court ordered a fresh trial for six individuals previously convicted in an honour-related murder case to include charges under Section 302 of the Pakistan Penal Code (PPC) for both the mother and her unborn child.

The ruling was issued by a bench comprising Justice Mohammad Ijaz Khan and Justice Sabitullah Khan, who reviewed the appeals filed by the six accused — Safeer Khan, Taj Mohammad, Noor Hameed, Sultan Room, Shehzad Khan, and a juvenile. All were previously sentenced to life imprisonment and fined Rs500,000 each under Section 302 PPC and received additional sentences under Section 338-C PPC for causing miscarriage.

The bench set aside their prior convictions, observing that the 37-week-old foetus in the victim, Yasmeen Bibi, had reached full formation, thus falling within the legal definition of a child. The court noted that the correct legal provision for such a case is Section 302 PPC (intentional murder) rather than Section 338-C (causing miscarriage with formed limbs/organs).

As a result, the bench remitted the case back to the respective trial courts for a de novo trial with fresh charges under the appropriate section of the law. The appellants, who had already spent around two years in prison, were ordered to be released on bail upon submission of two surety bonds of Rs100,000 each.

The original case was registered on June 30, 2022, in Samarbagh, Lower Dir, where police found Yasmeen Bibi’s body on the rooftop of her home. Her two minor daughters testified that their father and other relatives had killed their mother. The case was reportedly related to honour-based violence.

In its detailed 15-page judgement, the court emphasised that under both medical and Islamic perspectives, a foetus that has remained in the womb for more than six months is legally recognised as a child. Referring to precedents set by the Sindh and Lahore High Courts, the bench concluded that the crime committed was a double homicide, not a miscarriage.