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four. It has been noticed by this Court that there can be a delay of one day within the registration of FIR which hasn't been explained via the complainant. Moreover, there is no eye-witness in the alleged incidence as well as prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has long 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 happened to generally be the real brothers from the deceased but they did not respond in the least into the confessional statements in the petitioners and calmly noticed 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 isn't any explanation as to why her arrest was not effected after making in the alleged extra judicial confession. It has been held on countless situations that extra judicial confession of an accused can be a weak variety of evidence which may be manoeuvred from the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is likewise depending 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 presence of some light at the place, where they allegedly saw the petitioners jointly on a motorcycle at 4.
Deterrence: The anxiety of severe penalties, including capital punishment, is meant to deter possible criminals from committing murder. This deterrent effect is vital in reducing the event of intentional killings.
very long period petitioner was not considered for promotion, meeting in the departmental promotion committee and consider the petitioner (Promotion)
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, it is also a nicely-proven proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is issue on the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings over the evidence.
The reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should manage to deduce the logic from the decision as well as statutes.[four]
six. Mere involvement inside of a heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled for your concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, due to the fact then he is behind the bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person is no more demanded for further investigation, therefore, his continuous incarceration would not serve any effective purpose at this stage.
after release from the prison he shed interest to contest the moment appeal , appeal get more info is dismissed (Criminal Jail Appeal )
Therefore, this petition is found to become not maintainable and is dismissed along with the pending application(s), as well as petitioners may perhaps find remedies through the civil court process as discussed supra. Read more
The scrupulous reader could have noticed a little something above: a flaw. Further than the first 7 words, the definition focuses around the intention to cause “Injury,” not the intention to cause death. The two primary elements that must be proven in order to convict a person of a crime are “
Article 199 in the Constitution allows High Court intervention only when "no other enough remedy is provided by law." It's nicely-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay out fixation aren't entertainable for the reasons that these types of matters are typically handled by administrative or service tribunals, plus the legal grounds for this petition are inadequate as a result this petition is dismissed, which entails disputed claims and counterclaims on the topic post, therefore this court is not inside of a position to dilate upon these kinds of disputes in constitutional jurisdiction. Read more
competent authority has determined the eligibility from the private respondents and found them to get fit for promotion. CP dismissed(Promotion)