The best Side of case law 395 ppc acquittal

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When the punishment could be severe, its purpose is not solely to seek vengeance but to prevent prospective offenders and copyright the principles of justice and social order.

4.  It's been noticed by this Court that there is actually a delay of sooner or later inside the registration of FIR which has not been explained with the complainant. Moreover, there is not any eye-witness of your alleged occurrence and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners has actually 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 transpired to get the real brothers of the deceased but they did not react in the slightest degree into the confessional statements of the petitioners and calmly noticed them leaving, a single 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation as to why her arrest wasn't effected after making of your alleged extra judicial confession. It has been held on so many situations that extra judicial confession of an accused is actually a weak variety of evidence which might be manoeuvred through the prosecution in any case where direct connecting evidence does not occur their way. The prosecution is also depending 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 at the place, where they allegedly observed the petitioners with each other with a motorcycle at 4.

competent authority and when any appeal or representation is filed the same shall be decided(Promotion)

criminal revision application is dismissed. reduced into the period of his detention in jail he has already undergone(Criminal Revision )

It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal help may be high-priced and tricky to get.

148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the topic issue, we're of your view that the check here claim from the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is not really legally audio, In addition to promotion and seniority, not absolute rights, They are really matter to rules and regulations When the recruitment rules of the topic post allow the case on the petitioners for promotion might be deemed, however, we are clear in our point of view that contractual service cannot be thought of for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy topic for the approval with the competent authority. Read more

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................

The legislation as proven in previous court rulings; like common legislation, which springs from judicial decisions and tradition.

When the petitioner is just present on the place of event without causing any injury for the deceased or PWs then in this kind of circumstances, whether he is vicariously liable shall be decided from the uncovered trial Court after recording in the evidence.

Consequently, it was held that the right into a healthy environment was part with the fundamental right to life and right to dignity, under Article nine and fourteen on the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all aspects of human existence, all this sort of amenities and facilities that a person is entitled to take pleasure in with dignity, legally and constitutionally.

To invoke section three hundred and 302 just because death has occurred is the greatest tragedy of all. It does the precise opposite of what a legal system is there to try and do, i.e. safe its citizens.

                                                        

P.C. for grant of post arrest bail should even be dismissed. Suffice is to watch 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's been held through the august Supreme Court of Pakistan as under:--

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