criminal law cases 2018 - An Overview
criminal law cases 2018 - An Overview
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77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 with the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
The mentioned case laws offer insights into how the courts interpret and use Section 302, emphasizing the importance of a fair and just legal system. It is actually very important for society to understand the gravity of this offense and the need for stringent punishment to discourage possible offenders and be certain justice to the victims and their people.
4. It has been noticed by this Court that there is really a delay of one day within the registration of FIR which has not been explained from the complainant. Moreover, there is no eye-witness of the alleged event as well as prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of 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 happened to become the real brothers from the deceased but they did not respond in the slightest degree on the confessional statements on the petitioners and calmly observed 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 glimpse much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation regarding why her arrest wasn't effected after making of your alleged extra judicial confession. It has been held on countless instances that extra judicial confession of an accused is usually a weak variety of evidence which could possibly be manoeuvred from the prosecution in any case where direct connecting evidence does not come their way. The prosecution is also counting 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 presence of some light on the place, where they allegedly observed the petitioners together with a motorcycle at 4.
Deterrence: The fear of severe repercussions, such as capital punishment, is meant to deter opportunity criminals from committing murder. This deterrent effect is important in reducing the occurrence of intentional killings.
record on the department there is not any record obtainable whatsoever regarding promotion of the petitioner(Promotion)
4. It goes without stating that observations made hereinabove are only tentative in nature and strictly confined to the disposal of prompt bail petition.
S. Supreme Court. Generally speaking, proper case citation incorporates the names from the parties to the first case, the court in which the case was heard, the date it was decided, along with the book in which it can be recorded. Different citation requirements may well include things like italicized or underlined text, and certain specific abbreviations.
The court cannot hear the transfer order challenge because it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders retaining in view that among the list of respondents has retired from service as pointed out via the counsel with the respondent university. twelve. The petition and applications pending therein stand dismissed with no order concerning costs. Read more
13. The Supreme Court has held that once the act of misconduct is proven plus the employee is found guilty after owing process of regulation, it is the prerogative from the employer to decide the quantum of punishment, out of the different penalties provided in law. The casual or unpremeditated observation that case definition law the penalty imposed will not be proportionate with the seriousness from the act of misconduct isn't suitable although the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more
Therefore, this petition is found to get not maintainable and is also dismissed along with the pending application(s), as well as the petitioners could seek remedies through the civil court process as discussed supra. Read more
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses including self-defense, insanity, or accidental killing, which may well lead to reduced charges or acquittal.
this Court is still left with no option but to direct the respondents to notify the promotion of your petitioner in next rank .(Promotion)
A coalition of residents sent a letter of petition into the Supreme Court to challenge the Water and Power Growth Authority’s (WAPDA) construction of an electricity grid station in their neighborhood, on designated “green belt” property. The Court read the matter as being a human rights case, as Article 184 (3) of your Pakistan Constitution gives authentic jurisdiction to the Supreme Court to choose up and determine any matter concerning the enforcement of fundamental rights of public importance.
dismissed as not pressed and sentences awarded into the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )