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Delay in recording confessional statement may not be treated fatal for the case of prosecution(Murder Trial)
four. It's been noticed by this Court that there can be a delay of sooner or later within the registration of FIR which has not been explained via the complainant. Moreover, there isn't any eye-witness on the alleged prevalence as well as prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has been 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 to be the real brothers of the deceased but they didn't respond in any way towards the confessional statements from the petitioners and calmly saw them leaving, a single 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 glimpse much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is not any explanation regarding why her arrest wasn't effected after making of the alleged extra judicial confession. It has been held on numerous instances that extra judicial confession of an accused can be a weak variety of evidence which might be manoeuvred with the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution can also be counting 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 existence of some light in the place, where they allegedly observed the petitioners jointly over a motorcycle at four.
twelve. There is not any denial from the fact that in Government service it is predicted that the persons possessing their character earlier mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is usually a condition precedent for appointment into a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to perform absent with the candidature with the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
R.O, Office, Gujranwala as well as police officials did not inform him that the identification parade of the accused hasn't been conducted nonetheless. In the instant case, now the accused tried to take advantage of This system aired by SAMAA News, wherein the picture on the petitioner was broadly circulated. The police should not have exposed the identity with the accused through electronic media. The regulation lends assurance for the accused that the identity should not be subjected to the witnesses, particularly to the witness to detect the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and created photos. Aside from, the images shown to the media expose that a mask wasn't placed over the accused to cover his identity right up until he was set up for an identification parade. Making photos of the accused publically, either by showing the same for the witness or by publicizing the same in almost any newspaper or program, would create doubt within the proceedings in the identification parade. The Investigating Officer has to be sure that there is no possibility for that witness to see the accused before going for the identification parade. The accused should not be shown on the witness in person or through any other manner, i.e., photograph, video-graph, or maybe the push or electronic media. Supplied the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
In this blog site post, we will delve into the details of Section 302 PPC, Checking out its provisions as well as gravity of its punishment.
only about the ground of miscases remanded & only to the ground of misreading of evidence only on the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
The appellant should have remained vigilant and raised his challenge for the Judgment within time. Read more
The law as set up in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
When the petitioner is solely present for the place of prevalence without causing any injury to get more info your deceased or PWs then in these kinds of circumstances, whether he is vicariously liable shall be decided from the uncovered trial Court after recording with the evidence.
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share or interest of the co-owner in immovable property might also sold to another co-owner/co-sharer or simply to an stranger and section forty four(Transfer of Property Act 1882)
The Roes accompanied the boy to his therapy sessions. When they were advised of the boy’s past, they questioned if their children were Safe and sound with him in their home. The therapist confident them that they'd practically nothing to worry about.