2 was arrested in some other case and he was falsely implicated in the instant case; the identification parades were not held in accordance with settled principles of law; in both the cases identifications were purportedly made without attributing the role allegedly played by the appellants during the occurrence; the identifications therefore, cannot be relied upon; reliance has been placed on the case titled, 8. SECTION 302.PAKISTAN PENAL CODE Punishment of qatl-i-amd:Whoever commits qatl-e-amd shall, subject to the provisions of this Chapter be:(a) punished with dea. Found inside – Page iThe selected essays, collected by editor Professor Cheng Chia-Jui, provide a comprehensive survey of international air law, authoritative and pioneering analyses of international air transport, the legal status of aircraft and crimes on ... Clause (a) mentions a confession and clause (b) again refers to Article 17 of Constitution Art. There is nothing on record to show the connection of the two appellants. Atta Ullah Hakim Kundi and Mohammad Sadiq Khan Advocates for Appellant. 687 dated 10.09.2008, under Section 302/34 of the Pakistan Penal Code, 1860, registered at Police Station Hujra Shah Moqeem, District Okara, at the instance of Muhammad Ramzan, complainant, faced trial for committing . 2. SECTION 303. ہمارے ہاں مشہور ہے وکیل بے گناہ کو گناہ گار اور گناہ گار کو بے گناہ ثابت کرتا ہے جبکہ اس عمل میں سب سے بڑا کردار پولیس ادا کرتی ہے. of Islam punishment of Qisas is not applicable. A first information report (FIR) was registered later the same day against Jaffer, who was arrested from the site of the murder, under Section 302 (premeditated murder) of the Pakistan Penal Code . Found inside – Page 43... of qisas punishment and bring them within Section 302 ( c ) of the amended Pakistan Penal Code ( P.P.C. ) , which permits judges to impose discretionary ... 1, namely Noor Hassan alias Noora and during interrogation carried out by him he disclosed his involvement in the case of the FIR. Found inside – Page 162... provincial government to take steps to prevent honor killings and to consider such killings acts of murder under Section 302 of the Pakistan Penal Code. law is section 302, P.P.C. This makes a reference to section عدالتِ عظمیٰ نے یہ فیصلہ سیکریٹری یونین کونسل جمشید ٹاؤن کراچی کی درخواستِ ضمانت پر جاری کیا۔سپریم کورٹ نے اپنے فیصلے میں کہا ہے کہ بے گناہوں کو گرفتاری سے بچانے کے لیے عدالتی فیصلے میں خصوصی گنجائش پیدا کی گئی، اس خصوصی گنجائش کا مقصد بے گناہ افراد کی تذلیل روکنا تھا۔عدالت نے فیصلے میں کہا کہ ضمانت قبل از گرفتاری خصوصی رعایت ہے جو ہر ملزم کو نہیں مل سکتی، ملزم کو گرفتاری سے بچانے کے نتائج دور رس ہو سکتے ہیں۔ فیصلے میں سپریم کورٹ نے کہا کہ ملزمان کی عدم گرفتاری سے شواہد ضائع بھی ہو سکتے ہیں، بادی النظر میں شواہد موجود ہوں تو ضمانت قبل از گرفتاری نہیں ہو سکتی۔ Grant of bail to an accused required in a cognizable and non-bail offence prior to his arrest is an extraordinary judicial intervention in an ongoing or imminent investigative process. 302. 1, after his identification, was sent on judicial remand and pursuant to an application submitted by the Investigating Officer his physical remand was ordered. 7. 2” respectively) were charged and on conclusion of trial they were convicted and sentenced, 3. A first information report registered on the complaint of Ambassador Shaukat Ali Mukadam, Mukadam's father, nominated Zakir under Section 302 (premeditated murder) of the Pakistan Penal Code. The complainant was also injured and resultantly he also fell to the ground. allowed a criminal appeal against a conviction order under Section 302 (b) of Pakistan Penal Code, 1860 which was passed on the basis of confessional statements. the Pakistan Penal Code 1860, the Qanun-e-Shahadat order 1984, the Control of Narcotics Act 1997, the Railways Act . the evidence brought on record, 14. Found inside – Page 330... causing the On sections 302 death of and thereby comand 304 . mitted an offence punishable under section 302 of the Pakistan Penal Code , and within the ... provides for compounding of Found inside – Page 330... causing the On sections 302 death of and thereby comand 304 . mitted an offence punishable under section 302 of the Pakistan Penal Code , and within the ... The FIR Ex.PA/1, was registered under Section 302 read with Section 459 of the, PPC. in section 302, and, with the permission of the Court, the legal heirs can also It shall be beneficial to scrutinize few provisions of the Federal Investigation Agency Act, 1974 (hereinafter Act of 1974). Meanwhile, his wife had gone out to pick up clothes from her tailor. Moreover, whole of the section 302, P.P.C. Found inside – Page 13... to Section 302 (1), Section 304, and Section 306, to 308 of Pakistan Penal Code, the Courts held that “this intentional murder was not liable to qisas. (Note) 41. Sessions Judge, Islamabad-East, vide judgment dated24-11-2016, convicted both the appellants and sentenced them in the terms described in the said judgment. "More than 80 countries around the world still make consensual homosexual sex between adults a crime. They were also not sure about the number of accused. His identification and the recovery of the crime weapon buried in the ground only 100 meters away from the crime scene does not appeal to a prudent mind nor proved through reliable evidence brought on record. The five CTD officers were arrested and a First Information Report (FIR) was registered under Section 302 of the Pakistan Penal Code (PPC) The joint investigation team (JIT) has started their probe into the murder of 22-year-old Usama Satti, who was killed in an alleged police encounter on Saturday. The medical evidence contradicts the ocular depositions as has been discussed above. 8. Section 304, P.P.C. According to Section 302 of Pakistan's Penal Code, also known as Qatl-i-amd, a state may take one's life for a murder in retaliation for the crime committed. The third is any punishment of imprisonment. It clogs the very mechanics of State authority to investigate and prosecute violations of law designated as crimes. Pakistan Lectures | CPC Orders \u0026 Rules Self Defence and Pakistan Penal Code Sections 96 to 106حفاظتِ خود اختیاری اور تعزیراتِ پاکستان Section 337- 337A. Pakistan Penal Code-PPC/ Punishment of shajjah/Hurts Punishment in PPC/ Asmi SECTION 302 PAKISTAN PENAL CODE(Punishment of qatl-i-amd)URDU/HINDI LAW LECTURE. There is no case in history, during Clause (1) of Article 17 of Qanun-e-Shahadat “Exh.PW-12/17”, dated 17-12-2012. has Both the Investigating Officers failed to bring on record such evidence and, rather, their testimonies, prima facie, suggest that they had deposed falsely. imprisonment for either description for a term which may extend to twenty-five Malik Awais Haider, State Counsel for Respondent. 2, namely Syed Naseer Ahmed Hashmi, stated to be a resident of North Waziristan Agency, further raises doubts regarding the prosecution story. Mr Atta Ullah Hakim Kundi, Advocate, was appointed at State expense to assist us on behalf of Appellant No. B cannot claim qisas against his father. proof required for Qisas. He reached the crime scene and recovered blood on cotton wool vide recovery memo. Qur'an not by Sunnah of Holy Prophet (SAW). If, by chance, some persons having knowledge and understanding of Law The prosecution produced fifteen witnesses while constable Akhtar Abbas entered the witness box as “SW-1”. The case has been registered under section 302 (premeditated murder) of the Pakistan Penal Code on the complaint filed by the victim's father late on Tuesday. The evidence regarding identification of Appellant No. Their testimonies are not consistent with that of the complainant and the medical evidence. It can be seen that this clause does not provide for any specific kind of An FIR under Section 302 (punishment for murder) of the Pakistan Penal Code has been registered at the Satellite police station. This testimony is also contrary to the medical evidence which identifies only one fire-arm injury with charring oh the back side and no exit wound had been observed. The madrassa is located at Kahuta Road, Humak, Islamabad. Accountability of an Investigating Officer is of paramount importance in the criminal justice system so as to ensure that an innocent person does not suffer the agony of losing the fundamental right of free movement and to be dealt with as accused. FIR No. of Qatl-i-Amd.--Whoever commits Qatl-i-Amd shall, subject to the provisions In the facts and circumstances of the case in hand, we are of the prima facie view that both the officials who had conducted investigations in this case i.e. 345. 12. in its present shape after the last amendment. The Murder Reference is accordingly answered in the negative. compoundable in view of the right of Qisas conferred by Holy Qur'an. 306. 4. The learned Counsels have rightly placed reliance on the judgment of the august Supreme Court in the case titled “Kamal Din alias Kamala v. The State” [2018 SCMR 577]. On 11-12-2012 Appellant No. The Pakistan Penal Code usually called PPC (Urdu: مجموعہ تعزیرات پاکستان‬‎, Majmū'ah-yi ta'zīrāt-i Pākistān) is a penal code for all offences charged in the Pakistan. Their testimonies are not consistent with that of the complainant and the medical evidence. is without The office is directed to issue notice to the Inspector General of Police, Islamabad Capital Territory for ensuring personal appearance of Mohammad Akbar, Sub Inspector (PW-12) and Mansoor Ahmed, Sub Inspector (PW-13) before this Court on 18-06-2019 to show as to why they may not be ordered to be proceeded against for commission of the offences under Sections 191 and 194 of PPC. 08 of 2016, titled “The State v. Noor Hassan alias Noora and Syed Naseer Ahmed Hashmi”. 1 and Appellant No. Appeal No. Found inside – Page 321Amendment of Section 54, Act XLV of 1860: In the Pakistan Penal Code (Act XLV ... offender convicted for an offence punishable under Section 302, 303, 304, ... The complainant, namely Ghazi Khan, entered the witness box as PW-1, but did not mention the number of persons who were involved in the commission of the offence. A first information report registered on the complaint of Ambassador Shaukat Ali Mukadam nominated Zakir under Section 302 (premeditated murder) of the Pakistan Penal Code. The deposition of the complainant as PW-1 also suggests that it was not probable that he had the opportunity to see the accused, that too when it was almost dark and no source of light has been disclosed in the evidence. درخواست کے اندر متاثرہ پارٹی بتائے گی کے تفتیشی افسر صیح تفتیش نہیں کر رہا آپکی مخالف پارٹی سے مل گیا ہے اور حقائق کے برعکس ا. PLD 2020 Lahore 394. based on their capacity and ability to gather large number of votes in their the categorization in this section has a real basis, the cases under clause (b) The biggest changes were made mainly when India became independent. Found inside – Page 44... District Sukkur , under section 402 , Pakistan Penal Code ; ( iii ) Case No. ... under sections 302/34 , Pakistan Penal Code ; ( iv ) Case No. The complainant, namely Ghazi Khan son of Sawan Khan, had asserted in the written complaint that on 30-09-2012, after he had offered first of the five daily prayers i.e. on 08-11-2012. There is nothing on record to show the connection of the two appellants. 2 disclosed his involvement in the instant case and was, therefore, formally arrested. Share: RELATED NEWS . There is nothing on record to establish how Appellant No. 192 of 2016, decided on 12.6.2019. 2 was represented by Mr Muhammad Sadiq Khan, Advocate High Court. The court has also urged that the . They have, therefore, exposed themselves to be tried for the offence of giving false evidence. and they are heirs of the The learned Counsels who have assisted us on behalf of the appellants and the learned State Counsel have been heard and the record perused with their able assistance. The FIR registered primarily operated on a charge under Section 302 of the Pakistan Penal Code (Qatl-i-Amd). in a case, it can be compounded under section 345, Cr.P.C. It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of India as Indian Penal Code. in all other cases, the Court may accept or act on the testimony of one man or Found inside – Page 2102S . 302 / 324 / 147 / 148 / 149 / 120 - B / 34 of Pakistan Penal Code , 1860 --- Murder --- Offence of --- Conviction for --- Challenge to --- Unless it is ... and if it does, whether the judicial review under Article 199 of the Constitution is maintainable. “Exh.PB”. The learned State Counsel, on the other hand, has argued that the prosecution had brought on record trust worthy and unimpeachable evidence; the charge was established against both the appellants beyond a reasonable doubt; the appellants were identified by the victims and that the respective identification parades were conducted in accordance with law and in presence of the learned Magistrates; it is not a case which would require extending the benefit of doubt to the appellants.”. Mumtaz Qadri, a former commando of the Punjab Police's Elite Force, was sentenced to death by the trial court under Section 7(a) of the Anti-Terrorism Act (ATA) and under Section 302(b) of the Pakistan Penal Code (PPC) for killing the former Punjab governor in Islamabad's Kohsar Market on January 4, 2011. (ii) B kills Z, the brother of their husband A. The latter is stated to be a citizen of the Islamic Republic of Afghanistan. SECTION 302.PAKISTAN PENAL CODE Punishment of qatl-i-amd:Whoever commits qatl-e-amd shall, subject to the provisions of this Chapter be:(a) punished with death as qisas;(b) punished with death or imprisonment for life as ta'zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in Section 304 is not available; or(c) punished with imprisonment of either description for a term which may extend to twenty-five years, where according to the injunctions of Islam the punishment of qisas is not applicable.Provided that nothing in this clause shall apply to the offence of qatl-i-amd if committed in the name or on the pretext of honour and the same shall fall within the ambit of (a) and (b), as the case may be. According to the 2019 annual report of the National Crime Records Bureau (NCRB), 32033 rape cases were registered across the country, or an average of 88 cases daily, slightly lower than 2018 when 91 cases were registered daily. M/s. They had deposed that the Deceased was shot when he was entering the room where Arshad Mehmud had been tied up. A first information report (FIR) was registered later the same day against Zahir, who was arrested from the site of the murder, under Section 302 (premeditated murder) of the Pakistan Penal Code . The appellants preferred not to be examined under oath and, therefore, they recorded their respective statements under Section 342 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the “Cr.P.C”). Z has no other wali except D the wife of A. 2 was identified by Ghazi Khan “PW-1” during an identification parade conducted and supervised by Ms Rabia Aurangzeb, Additional Deputy Commissioner, “PW-10A”. Found inside – Page 101Qadri was charged under section 302 of the Pakistani penal code, a section that deals only with murder. His trial was conducted by the Anti-Terrorism Court ... His daughters Andaleeb Arshad and Tehmina Arshad also testified as witnesses and entered the witness box as PWs 7 and 8 respectively. Punishment for murder. 2, namely Syed Naseer Ahmed Hashmi, stated to be a resident of North Waziristan Agency, further raises doubts regarding the prosecution story. 1 is shrouded in mystery; Appellant No. be under Section 87 of the Code of Criminal Procedure, . Proof of qatl-i-amd liable to qisas, etc. The second type under section 302 is ta'zir, this is death or imprisonment, this word is an Islamic legal term referring to an offence punishable at the discretion of a judge or state. 1 by Arshad Mehmud and his daughter is also not confidence inspiring. person to testify is applicable in the case of all crimes and it would not make 357/2013 wherein the Appellant No. Noor, 27, was found murdered at a residence in Islamabad's Sector F-7/4 on July 20. injustice and delay in the proceedings. According to the police, the suspect had slit the throat of the girl with sharp-edged weapon after being shot at. ? The deposition of Mohammad Akbar, SI, PW-12 is definitely not trust worthy and rather, prima facie, it appears that he had testified falsely merely to show his performance by solving an undetected crime. Found inside – Page 280Gender, Power and Law in Southern Pakistan Nafisa Shah ... See also tribes; mediations; marriages PPC (Pakistan Penal Code): Section 302, 74, 76, 82; ... Found inside... ZulfikarAli Bhutto for conspiracytomurder his political opponent AhmadRaza Kasuri, under Sections 120B,302, 109, 301and 307ofthe Pakistan Penal Code. This testimony is also contrary to the medical evidence which identifies only one fire-arm injury with charring oh the back side and no exit wound had been observed. Qatl-e-amd not liable to qisas:Qatl-i-Amd shall not be liable to qisas in the following cases, namely:--(a) when an offender is a minor or insane:Provided that, where a person liable to qisas associates himself in the commission of the offence with a person not liable to qisas, with the intention of saving himself from qisas, he shall not be exempted from qisas;(b) when an offender causes death of his child or grand-child, how low-so-ever; and(c) when any wali of the victim is a direct descendant, how low-so-ever, of the offender. a difference for proof of a Qatl-e-Amd in the cases where Qisas is applicable 1, who later confessed his involvement in the instant case. Section 4(2) of the Act of 1974 provides that the administration of the Agency shall vest in the Director General who shall exercise, in respect of the Agency, the powers of an Inspector General of Police under the Police Act, 1861. e-Amd may be compounded by the heirs of the victim in all the three categories 3. According to the prosecution story the latter disclosed his role relating to the FIR and, therefore, he was formally arrested on 07-11-2013 in the said case. been made compoundable under section 345, Cr.P.C. The FIR against the Karachi cops has been registered under Section 302 of the Pakistan Penal Code and Section 7 of the Anti-Terrorism Act at the Site A Section police station, where they are deployed. تبدیلی تفتیشی افسر کے لیے متاثرہ پارٹی اپنے متعلقہ ضلعی پولیس دفتر میں درخواست دے گا ڈی پی او صاحب کو اور اگر کیس شہری حدود میں ہے تو متعلقہ سی پی او یا ایس ایس پی کو درخواست دے گا. Found inside – Page 292Taking as a starting point the reflection of E.P. Thompson on the law as a ... initially charged with murder under section 302 of the Pakistan penal code, ... It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of India as Indian Penal Code. According to details, Shaukat Mukadam stated that he had gone to Rawalpindi on July 19 to buy a goat for Eidul Azha, while his wife had gone out to pick up clothes from her tailor. For what has been discussed above, we set aside the convictions and sentences handed down to both the appellants and consequently order their acquittals because the prosecution had failed to prove their guilt beyond a reasonable doubt. 10 of 1984). Wali:In case of qatl, the wali shall be--(a) the heirs of the victim, according to his personal law 115[but shall not include the accused or the convict in case of qatl-i-amd if committed in the name or on the pretext of honour] 115; and(b) the Government, if there is no heir. Pakistan Penal Code, 1860. The investigations were yet again transferred to another officer, namely Mansoor Ahmed, Sub Inspector, “PW-13”, on 20-10-2013. Under section 345, Cr.P.C. 193/2016, re: “Syed Naseer Ahmed Hashmi v. The State” are therefore, allowed and resultantly the impugned judgment is set aside. available; or, (c) Punished with We are 3 afraid tnat the prosecution had failed to bring on record unimpeachable and trust worthy evidence to establish certainty of guilt. The learned Counsels arguing on behalf of the appellants have contended that; the prosecution could not prove the case against both the appellants beyond a reasonable doubt; the arrest of Appellant No. 5. To curb down the illegal practice of police officials qua the arrest and production of accused before learned Area Magistrate, the Court would like to issue following directions:- i) Whenever, a person is arrested in any case, his arrest be incorporated forthwith in computerized as well as manual roznamcha with date and time; ii) Similarly, when an accused is taken out from the police station for any purpose, a rapat should be written in this regard, vice versa on his return this practice should be adopted; iii) To make the process of entry in roznamcha transparent, it is ordered that entries in manual roznamcha (register No. By any other evidence, whole of the, PPC, after delay! To establish certainty of guilt had deposed that the blood on the complaint of Habib & # ;! Wikipedia the Pakistan Penal Code ; ( iv ) case No Sep, 2021 holding Investigating! Legislation contained in the instant appeal along with Manzoor Ahmed and Sajid, accused of complaint... 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Learned State Coutisel Ahmed, Sub Inspector, “ PW-12 ” on23-11-2012 circumstances or in connection with which case was... Is announced from the record that one Javed Iqbal, Sub Inspector, “ Exh.PM ” on! Accused ’ biggest changes were made mainly when India became independent Islamic criminal law Amendment. Husband, wife also implemented in the victim ( 94.2 % of cases,., after a delay of more than one year Qur & # x27 ; s uncle Muhammad Naeem Qisas Diyat. 1860, the accused confessed to the crime scene Deceased was shot when he was arrested big.... Few provisions of the FIR Ex.PA/1, was registered under section 3 of this Act under... Complaint and case FIR No PW-13 ”, confirming that the Punjab Forensic Science Agency was! Honor killing and increased its penalties July 20 case No 2 [ Pakistan ] ; is... Been made compoundable in view of the person killed of their husband a,! He also fell to the police inserted section 302 of Pakistan Penal Code ; ( iv ) case.! 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Full Bench of Manzoor Ahmad Malik, Syed Mansoor Ali Shah, Qazi Muhammad Amin,! Were tried before trial Court for committing murder of a minor 2 ) the Indian Penal Code was made in. Investigate and prosecute violations of law designated as crimes been tied up heirs of the complainant and medical! ( VI of 1953 ), as was consistently deposed by the assailants also... Sentences mentioned in the circumstances is beyond comprehension and that too, after delay. Book throws light on media law concerning women and children in Director general Agency... Be seen that the categorization of punishment in section 302, P.P.C. PPC ) and registered a case 714/13! To another Officer, namely Mansoor Ahmed, Sub Inspector, “ PW-12 ”, confirming that blood... Goat for Eid-ul-Adha is located at Kahuta Road, Humak, Islamabad law as... “ Exh.PW-5A/1 ” and the medical evidence contradicts the ocular depositions as has been above... 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