The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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III) In the Variation of your father of deceased namely Muhammad Iqbal (complainant of second Model) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed on the petitioner and others was simple presence with aerial firing without any injury to deceased or PWs.
The mentioned case laws offer insights into how the courts interpret and use Section 302, emphasizing the importance of the fair and just legal system. It is actually crucial for society to understand the gravity of this offense as well as the need for stringent punishment to discourage likely offenders and guarantee justice for that victims and their family members.
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R.O, Office, Gujranwala as well as the police officials did not inform him that the identification parade of the accused hasn't been conducted nevertheless. In the instant case, now the accused tried to take advantage of the program aired by SAMAA News, wherein the image in the petitioner was extensively circulated. The police should not have uncovered the identity of the accused through electronic media. The law lends assurance on the accused that the identity should not be subjected to the witnesses, particularly for the witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and made photos. Apart from, the images shown about the media expose that a mask wasn't placed over the accused to hide his identity until eventually he was place up for an identification parade. Making images on the accused publically, either by showing the same on the witness or by publicizing the same in any newspaper or software, would create doubt inside the proceedings on the identification parade. The Investigating Officer has to make certain that there isn't any likelihood for the witness website to see the accused before going to the identification parade. The accused should not be shown towards the witness in person or through any other mode, i.e., photograph, video-graph, or the push or electronic media. Supplied the reasons elaborated previously mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
Reasonable grounds can be found about the record to connect the petitioner with the commission on the alleged offence. While punishment with the alleged offence does not slide from the prohibitory clause of Section 497, Cr.P.C. still figured out Deputy Prosecutor General apprises that another case of similar nature arising outside of FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is while in the credit on the petitioner as accused, therefore, case on the petitioner falls from the exception where bail cannot be granted even from the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, steering has actually been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion on the same is hereby reproduced:
Where there are several members of the court deciding a case, there can be just one or more judgments specified (or reported). Only the reason with the decision of the majority can constitute a binding precedent, but all might be cited as persuasive, or their reasoning could be adopted in an argument.
The court cannot listen to 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 preserving in view that one of the respondents has retired from service as pointed out with the counsel for the respondent university. 12. The petition and applications pending therein stand dismissed with no order concerning costs. Read more
P.C. Liability of petitioners with the said offences would be determined from the realized trial Court after sifting the evidentiary well worth on the material developed before the same. Till then, case of
acquitted the appellants from the many charges therefore the same is dismissed being infructuous. (Criminal Revision )
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 regulation.
Generally speaking, higher courts will not have direct oversight over the lower courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments from the decreased courts.
13309-B of 2010 to get weak types of evidence along with the evidentiary value whereof would be witnessed at the time on the trial. The investigation of this case has already been finalized and, As a result, confirmed custody of your petitioner in jail is not going to serve any helpful purpose at this stage.”
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are proven by executive organizations based on statutes.