لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
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4. It's been noticed by this Court that there can be a delay of at some point in the registration of FIR which hasn't been explained with the complainant. Moreover, there is no eye-witness from the alleged event as well as the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners has become tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram happened for being the real brothers on the deceased but they did not respond in the least towards the confessional statements with the petitioners and calmly observed them leaving, one 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation regarding why her arrest was not effected after making on the alleged extra judicial confession. It's been held on countless situations that extra judicial confession of the accused is really a weak kind of evidence which could possibly be manoeuvred through the prosecution in any case where direct connecting evidence does not come 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 existence of some light for the place, where they allegedly noticed the petitioners together on the motorcycle at 4.
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3. I have read the discovered counsel with the parties and have absent through the record of this case with their able assistance.
In this weblog post, we will delve into the details of Section 302 PPC, exploring its provisions as well as the gravity of its punishment.
The reason for this difference is that these civil legislation jurisdictions adhere to some tradition that the reader should manage to deduce the logic from the decision as well as statutes.[4]
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to stick to.
Section 302 in the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be matter for the most severe form of punishment permissible under Pakistani law.
In simple terms, the section states that any person who commits intentional murder shall be subjected towards the death penalty or life imprisonment, along with a possible fine.
Criminal cases During the common law tradition, courts decide the legislation applicable to the case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Unlike most civil regulation systems, common legislation systems Keep to the doctrine of stare decisis, by which most courts are bound by their individual previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions consistent with the previous decisions of higher courts.
[3] For example, in England, the High Court along with the Court of Appeals are Every bound by their personal previous decisions, however, Considering that the Practice Statement 1966 the Supreme Court on the United Kingdom can deviate from its earlier decisions, While in practice it seldom does. A notable example of when the court has overturned its precedent could be the case of R v Jogee, click here where the Supreme Court with the United Kingdom ruled that it as well as the other courts of England and Wales experienced misapplied the regulation for just about 30 years.
Because of this, simply citing the case is more likely to annoy a judge than help the party’s case. Consider it as calling someone to tell them you’ve found their lost phone, then telling them you live in this kind of-and-this sort of neighborhood, without actually giving them an address. Driving around the community seeking to find their phone is likely to be more frustrating than it’s worthy of.
Pakistan’s legal system is not without flaws: overhauling is overdue and also the law regarding murder needs severe reconsideration and clarification. For your time being, the least that can be carried out is to make sure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.