The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
one zero one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it's effortless for your Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to get rid of a case on benefit and more importantly when after recording of evidence it's got reached to the stage of final arguments, endeavors should be made for merit disposal when it's reached these kinds of stage. Read more
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maintaining the conviction awarded to the appellant reduce the sentence with the appellant from imprisonment for life to one already undergone(Pakistan Penal Code)
The stated recovery might be used, within the most, for corroboration on the main evidence, but by itself it cannot be considered a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The explained memo of pointation is irrelevant and inadmissible as nothing at all was discovered because of these types of pointation. The place of incidence plus the place of throwing the dead body were already in the knowledge of witnesses ahead of their pointation through the petitioners. Reliance can also be placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held from the august Supreme Court of Pakistan as under:
Reasonable grounds are offered about the record to connect the petitioner with the commission in the alleged offence. Though punishment of your alleged offence does not fall within the prohibitory clause of Section 497, Cr.P.C. however realized Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is inside the credit with the petitioner as accused, therefore, case of your petitioner falls during the exception where bail cannot be granted even in the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, direction continues to be sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion from the same is hereby reproduced:
only on the ground of miscases remanded & only to the ground of misreading of evidence only around the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
The Court regarded the case to get maintainable under Article 184 (3) For the reason that Hazard and encroachment alleged were including to violate the constitutional right to life when interpreted expansively.
13. The Supreme Court has held that once the act of misconduct is recognized as click here well as the employee is found guilty after because of process of regulation, it is the prerogative of your employer to decide the quantum of punishment, outside of the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness of your act of misconduct just isn't sufficient but the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful way. Read more
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station because of probable health risks and dangers.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
Article 199 on the Constitution allows High Court intervention only when "no other ample remedy is provided by legislation." It really is very well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Because of this, simply citing the case is more prone to annoy a judge than help the party’s case. Visualize it as calling a person to tell them you’ve found their dropped phone, then telling them you live in such-and-these types of community, without actually offering them an address. Driving around the neighborhood attempting to find their phone is likely being more frustrating than it’s worthy of.
When the death penalty is irreversible, life imprisonment allows with the possibility of reconsideration or commutation with the sentence in certain circumstances.