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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III) While in the version on the father of deceased namely Muhammad Iqbal (complainant of second Variation) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed on the petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
a hundred and 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 really is effortless for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to eliminate a case on benefit and more importantly when after recording of evidence it's got achieved to a stage of final arguments, endeavors should be made for merit disposal when it's got attained such stage. Read more
four. It's been noticed by this Court that there is a delay of one day inside the registration of FIR which has not been explained through the complainant. Moreover, there is not any eye-witness with the alleged event as well as prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners has 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 took place being the real brothers of the deceased but they didn't react in any respect towards the confessional statements from the petitioners and calmly observed them leaving, 1 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 isn't any explanation regarding why her arrest wasn't effected after making of the alleged extra judicial confession. It's been held on countless occasions that extra judicial confession of the accused can be a weak sort of evidence which can be manoeuvred via the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is likewise 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 for the place, where they allegedly noticed the petitioners together on the motorcycle at four.
While there is not any prohibition against referring to case law from a state other than the state in which the case is being read, it holds very little sway. Still, if there isn't any precedent while in the home state, relevant case law from another state may very well be regarded from the court.
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4. It goes without expressing that observations made hereinabove are merely tentative in nature and strictly confined to your disposal of quick bail petition.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for that loss of a life. It allows the legal system to impose a proportional punishment around the offender, making sure These are held accountable for their actions.
six. Mere involvement inside a heinous offence is not any ground for refusing bail to an accused who otherwise becomes entitled with the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, due to the fact then he is powering the bars, He's previous non-convict, never involved in any case, investigation qua him is complete, his person is no more required for further investigation, therefore, his ongoing incarceration would not serve any advantageous purpose at this stage.
The prosecution presented substantial evidence, such as eyewitness testimonies and expert forensic analysis, confirming the copyright nature in the seized currency.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as case under appeal, perhaps overruling the previous case law by setting a different precedent of higher authority. This might come about several times given that the case works its way through successive appeals. Lord Denning, first from the High Court of Justice, later with the Court of Appeal, provided a famous example of this evolutionary process in his improvement check here in the concept of estoppel starting from the High Trees case.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to generally be gathered because of the parties – specifically regarding the issue of absolute immunity.
[three] For example, in England, the High Court along with the Court of Appeals are Just about every bound by their own previous decisions, however, For the reason that Practice Statement 1966 the Supreme Court of your United Kingdom can deviate from its earlier decisions, although 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 from the United Kingdom ruled that it as well as other courts of England and Wales experienced misapplied the legislation for almost 30 years.
Section 489-File of your Pakistan Penal Code pertains to offenses involving copyright currency notes and cash. Its primary objective would be to control counterfeiting activities and maintain the sanctity with the national currency.
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