The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
The court emphasized that in cases of intentional murder, the gravity on the offense demands the most stringent punishment, thinking of the sanctity of human life and deterrence for prospective offenders.
4. It's been noticed by this Court that there is a delay of in the future inside the registration of FIR which hasn't been explained because of the complainant. Moreover, there is not any eye-witness on the alleged event and the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has long been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram occurred to generally be the real brothers with the deceased but they did not respond in any respect into the confessional statements of your petitioners and calmly saw them leaving, just one 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 appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation regarding why her arrest wasn't effected after making with the alleged extra judicial confession. It's been held on countless instances that extra judicial confession of an accused is often a weak sort of evidence which can be manoeuvred via the prosecution in any case where direct connecting evidence does not arrive their way. The prosecution can be relying 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 as to existence of some light with the place, where they allegedly observed the petitioners together on the motorcycle at four.
To report technical problems with our Website, please contact the webmaster. The webmaster will not reply to inquiries seeking legal suggestions or specific cases. Questions regarding specific cases should be directed for the court in which the case is or will be filed.
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 to your main case, It's also a properly-recognized proposition of law 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 in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue to the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.
only about the ground of miscases remanded & only on the ground of misreading of evidence only within the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
This guide presents beneficial insights into free online resources offering access to Pakistani case legislation, helping you navigate the complexities of legal research.
The prosecution presented substantial evidence, together check here with eyewitness testimonies and expert forensic analysis, confirming the copyright nature of the seized currency.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent plus the case under appeal, Maybe overruling the previous case law by setting a fresh precedent of higher authority. This may possibly transpire several times since the case works its way through successive appeals. Lord Denning, first of the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his progress of your concept of estoppel starting during the High Trees case.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses which include self-defense, insanity, or accidental killing, which may lead to reduced charges or acquittal.
1. Judicial Independence: The court emphasised the importance of judicial independence and the separation of powers.
Because of this, simply citing the case is more prone to annoy a judge than help the party’s case. Consider it as calling somebody to tell them you’ve found their dropped phone, then telling them you live in these-and-such neighborhood, without actually giving them an address. Driving across the neighborhood attempting to find their phone is probably going being more frustrating than it’s worthy of.
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held with the august Supreme Court of Pakistan as under:--