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 moment 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 for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and from 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 utilize Section 302, emphasizing the importance of the fair and just legal system. It is important for society to understand the gravity of this offense as well as need for stringent punishment to deter probable offenders and make sure justice for your victims and their people.
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal into the deceased was caused via the petitioner but in support of opinion from the Investigating Officer no iota of evidence is offered to the file and mere ipsi dixit of police will not be binding around the Court.
Some bodies are supplied statutory powers to issue advice with persuasive authority or similar statutory effect, such as the Highway Code.
R.O, Office, Gujranwala plus the police officials didn't inform him that the identification parade from the accused hasn't been conducted however. In the moment case, now the accused tried to just take advantage of This system aired by SAMAA News, wherein the image with the petitioner was commonly circulated. The police should not have uncovered the identity of the accused through electronic media. The legislation lends assurance on the accused that the identity should not be exposed to the witnesses, particularly for that 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 created photographs. Moreover, the images shown around the media expose that a mask wasn't placed over the accused to hide his identity until eventually he was set up for an identification parade. Making photos with the accused publically, both by showing the same to the witness or by publicizing the same in almost any newspaper or system, would create doubt from the proceedings of the identification parade. The Investigating Officer has to make certain that there isn't any prospect for the witness to begin to see the accused before going more info into the identification parade. The accused should not be shown towards the witness in person or through any other manner, i.e., photograph, video-graph, or even the press or electronic media. Supplied the reasons elaborated higher than, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
Article 27 in the Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment in addition. The disparity in the shell out scale allowances of Stenographers within the District Judiciary is during the obvious negation from the legislation laid down with the Supreme Court in its different pronouncements. Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice with the loss of the life. It allows the legal system to impose a proportional punishment over the offender, making sure They can be held accountable for their actions.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 on the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to some person causes death of these person, possibly by mistake of act or by mistake of fact is claimed to commit qatl-i-khata.”
after release from the jail he lost interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
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3. Rule of Regulation: The court reiterated the importance of upholding the rule of legislation and making certain that all institutions function within their constitutional mandates.
13309-B of 2010 being weak types of evidence plus the evidentiary value whereof would be noticed on the time on the trial. The investigation of this case has already been finalized and, Hence, confirmed custody on the petitioner in jail is not likely to serve any helpful purpose at this stage.”
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