The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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Taking anyone’s life is actually a heinous crime that devastates households, communities, and society as a whole. The severe punishment serves to be a deterrent to potential offenders and seeks to copyright the sanctity of human life.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It's also a very well-recognized proposition of legislation 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 reach a finding of fact or conclusion. 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 get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter on the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings on the evidence.
four. It's been noticed by this Court that there can be a delay of someday in the registration of FIR which hasn't been explained via the complainant. Moreover, there isn't any eye-witness in the alleged event as well as prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession from 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 them namely Ghulam Dastigir and Mohammad Akram transpired to get the real brothers in the deceased but they didn't react in the slightest degree on the confessional statements of your petitioners and calmly noticed 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation regarding why her arrest was not effected after making of your alleged extra judicial confession. It's been held on numerous instances that extra judicial confession of an accused is a weak variety of evidence which may very well be manoeuvred by the prosecution in any case where direct connecting evidence does not arrive 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 did not say a word concerning existence of some light in the place, where they allegedly observed the petitioners alongside one another over a motorcycle at four.
maintaining the conviction awarded to your appellant reduce the sentence of the appellant from imprisonment for life to one already undergone(Pakistan Penal Code)
94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is properly-settled that the civil servants must first go after internal appeals within ninety days. In case the appeal will not be decided within that timeframe, he/she will then tactic the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety days for the department to act has already expired. Over the aforesaid proposition, we're guided by the decision of your Supreme Court during the case of Dr.
4. It goes without stating that observations made hereinabove are merely tentative in nature and strictly confined on the disposal of fast bail petition.
S. Supreme Court. Generally speaking, proper case citation incorporates the names of your parties to the first case, the court in which the case was listened to, the date it had been decided, and the book in which it is recorded. Different citation requirements might incorporate italicized or underlined text, and certain specific abbreviations.
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice on the Peace u/s 22-A is not obliged to afford a possibility of hearing into the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is necessary to consider all relevant factors, with care and caution; to avoid equipment of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a number of the relevant factors. Read more
Section 302 with the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject to the most severe form of punishment permissible under Pakistani law.
VI) The petitioner is powering the bars because arrest, website investigation with the case is complete, he isn't any more required for that purpose of investigation and at this stage to maintain him behind the bars before summary of trial will serve no practical purpose.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and stability. It demonstrates the commitment of your state to protect its citizens and copyright the rule of law.
[3] For example, in England, the High Court and the Court of Appeals are Every bound by their own previous decisions, however, For the reason that Practice Statement 1966 the Supreme Court with the United Kingdom can deviate from its earlier decisions, Though in practice it almost never does. A notable example of when the court has overturned its precedent would be the case of R v Jogee, where the Supreme Court of the United Kingdom ruled that it and also the other courts of England and Wales had misapplied the legislation for nearly 30 years.
Stacy, a tenant within a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not given her enough notice before raising her rent, citing a new state regulation that needs a minimum of 90 days’ notice. Martin argues that The brand new regulation applies only to landlords of large multi-tenant properties.