5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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“There isn't any ocular evidence to show that Muhammad Abbas was murdered by any of the present petitioners. Mere fact that Noor Muhammad and Muhammad Din saw firstly the deceased and after far they saw the petitioners going towards the same direction, did not necessarily mean that the petitioners were chasing the deceased or were accompanying him. Such evidence cannot be treated as evidence of very last seen.
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4. It has been noticed by this Court that there is often a delay of sooner or later within the registration of FIR which hasn't been explained through the complainant. Moreover, there isn't any eye-witness from the alleged incidence and also the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has actually 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 occurred for being the real brothers of the deceased but they didn't respond whatsoever 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 appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is not any explanation as to why her arrest was not effected after making of your alleged extra judicial confession. It has been held on numerous instances that extra judicial confession of the accused can be a weak type of evidence which could possibly be manoeuvred by the prosecution in any case where direct connecting evidence does not occur their way. The prosecution can be 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 presence of some light on the place, where they allegedly noticed the petitioners collectively with a motorcycle at four.
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؟
three. I have read the figured out counsel for that parties and have absent through the record of this case with their able assistance.
The recent amendment to Section 489-F with the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the legislation with contemporary challenges.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government agencies in regards to projects that could probably pose a public risk. This case is additionally noteworthy, “because it laid down the foundations of all long term public interest litigation introduced before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found within the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is usually a right to life itself.
Any court may well search for to distinguish the present case from that of the binding precedent, to succeed in a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to a higher court.
P.C. Liability of petitioners for that mentioned offences would be determined via the realized trial Court after sifting the evidentiary value with the material generated before the same. Till then, case of
VI) The petitioner is at the rear of the bars considering the fact that arrest, investigation on the case is complete, he isn't any more needed to the purpose of investigation and at this stage to maintain him driving the bars before conclusion of trial will serve no practical purpose.
The check here DCFS social worker in charge of the boy’s case experienced the boy made a ward of DCFS, As well as in her 6-month report for the court, the worker elaborated over the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
3. Rule of Law: The court reiterated the importance of upholding the rule of law and ensuring that all institutions function within their constitutional mandates.
In order to preserve a uniform enforcement with the laws, the legal system adheres on the doctrine of stare decisis
When the death penalty is irreversible, life imprisonment allows for your possibility of reconsideration or commutation from the sentence in certain circumstances.