Examine This Report on case law on section 395 ppc convictions
Examine This Report on case law on section 395 ppc convictions
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Online access to case information for payments in pick out juvenile and domestic relations district courts. Cases could possibly be searched using name, case number, or hearing date.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon through the prosecution against the petitioner and his earlier mentioned mentioned co-accused namely Hussain Bakhsh has already been opined because of the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
four. It's been noticed by this Court that there is actually a delay of in the future in the registration of FIR which has not been explained because of the complainant. Moreover, there is not any eye-witness from the alleged occurrence as well as the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners continues to be tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram transpired to become the real brothers of the deceased but they did not react in the least to your confessional statements from the petitioners and calmly observed them leaving, a person after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making of your alleged extra judicial confession. It has been held on lots of occasions that extra judicial confession of the accused is actually a weak variety of evidence which could be manoeuvred because of the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution is usually counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word regarding presence of some light on the place, where they allegedly observed the petitioners jointly on a motorcycle at four.
Deterrence: The dread of severe outcomes, which include capital punishment, is meant to discourage possible criminals from committing murder. This deterrent effect is essential in reducing the occurrence of intentional killings.
The reported recovery can be used, on the most, for corroboration of your main evidence, but by itself it cannot be described as a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of event. The mentioned memo of pointation is irrelevant and inadmissible as almost nothing was discovered on account of these pointation. The place of incidence and also the place of throwing the dead body were already in the knowledge of witnesses ahead of their pointation through the petitioners. Reliance is likewise placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held via the august Supreme Court of Pakistan as under:
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, it is also a perfectly-established proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is matter to your procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings over the evidence.
If a victim is shot at more info point-blank range, it could still be fair to infer that the accused meant death. However, that just isn't always the case.
The Court viewed as the case being maintainable under Article 184 (3) For the reason that Risk and encroachment alleged were like to violate the constitutional right to life when interpreted expansively.
In federal or multi-jurisdictional law systems there may well exist conflicts between the assorted lessen appellate courts. Sometimes these differences will not be resolved, and it could be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and also the case under appeal, Probably overruling the previous case law by setting a new precedent of higher authority. This could come about several times as being the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his growth on the concept of estoppel starting in the High Trees case.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses such as self-defense, insanity, or accidental killing, which might lead to reduced charges or acquittal.
To invoke section 300 and 302 just because death has occurred is the largest tragedy of all. It does the precise opposite of what a legal system is there to carry out, i.e. secure its citizens.
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and fork out fixation are not entertainable with the reasons that this sort of matters are typically handled by administrative or service tribunals, and also the legal grounds for this petition are inadequate as a result this petition is dismissed, which entails disputed claims and counterclaims on the subject post, therefore this court just isn't inside a position to dilate upon these types of disputes in constitutional jurisdiction. Read more
This section specifically relates to civil servants who will be rendered surplus as a result of reorganization or abolition of the division, department, or office. Non-civil servants, by definition, are certainly not subject towards the provisions on the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the using organization. Therefore, the provisions of Section eleven-A, such as the possibility of being posted to another department, would not utilize to non-civil servants. Read more