Courts prioritize fairness and copyright fundamental rights although respecting the autonomy of educational institutions. Around the aforesaid proposition, we are guided from the decision in the Supreme Court inside the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. 9. The aforesaid exceptions are lacking from the present case. In these kinds of circumstances, this petition is found being not maintainable which is dismissed accordingly with pending application (s). Read more
The main focus is around the intention to cause injury. This is really a major trouble: a very small threshold for an offence carrying the death penalty.
four. It's been noticed by this Court that there is actually a delay of at some point within the registration of FIR which hasn't been explained because of the complainant. Moreover, there is no eye-witness with the alleged event plus the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners continues to be 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 get the real brothers of the deceased but they didn't respond in any way into the confessional statements from the petitioners and calmly observed them leaving, 1 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 search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation as to why her arrest was not effected after making from the alleged extra judicial confession. It's been held on so many events that extra judicial confession of the accused is a weak kind of evidence which can be manoeuvred because of the prosecution in 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 didn't say a word concerning presence of some light for the place, where they allegedly noticed the petitioners alongside one another over a motorcycle at four.
The convictions and sentences Upheld, as misappropriation was committed website inside the bank and given that only the appellants were posted in the relevant time .(Criminal Appeal )
The mentioned recovery might be used, at the most, for corroboration in the main evidence, but by itself it cannot be described as a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The stated memo of pointation is irrelevant and inadmissible as almost nothing was discovered on account of this sort of pointation. The place of event plus the place of throwing the dead body were already inside the knowledge of witnesses just before their pointation because of the petitioners. Reliance is additionally placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held by the august Supreme Court of Pakistan as under:
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be set up without an iota of doubt in all other jurisdictions) will be inferred. This can be a horrifying reality, an especially lower threshold for an offence that carries capital punishment.
six. Mere involvement inside a heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled with the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering that then he is at the rear of the bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person isn't any more needed for further investigation, therefore, his continual incarceration would not serve any advantageous purpose at this stage.
nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
In simple terms, the section states that any person who commits intentional murder shall be subjected on the death penalty or life imprisonment, along with a possible fine.
In some jurisdictions, case law is usually applied to ongoing adjudication; for example, criminal proceedings or family legislation.
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