اہم ترین فوجداری کیس لاز
2019 _ Pcrlj _ 1627 ( c ).
Art. 22.
Identification parade. Holding of I. P. would become mandatory if names of
culprits are not mentioned in the FIR. 2019 _ Pcrlj _ 1563 ( c ).
Art. 129. In case of
non production of material witnesses, inference could be drawn that had said
witnesses stepped into the witness box, they would have not supported the
prosecution case.
2019 _ Pcrlj _ 1480 ( e ).
Inordinate delay in
lodging the FIR which had not been plausibly explained within the body of FIR.
Such inordinate delay was fatal to the prosecution case.
2019 _ Pcrlj _ note 128 _
Page 144
S. 497. Person who is entitled to the grant of bail is not
to be kept in the jail, as even a single day of detention of an innocent
accused can not be compensated, after his acquittal at the conclusion of the
case.
2019 _ Pcrlj _ 1618 ( c ).
S. 342. Statement of defense. Statement of defense was
either to be rejected or taken as a whole.
2019 _ Pcrlj _ Note 125 _ Page 139
S. 342. Any piece of
evidence not put to accused at the time of recording his statement under s. 342
crpc could not be considered against him.
2019 _ Pcrlj _ 1610 ( c ).
S. 164. Confession. If a retracted confession stands proved
from other un challenged or proved circumstances, the same could be believed.
2019 _ Pcrlj _ note 125 _ Page 139
S. 22 _ A. Civil and
criminal proceedings can proceed side by side. No bar on the initiation of
criminal proceedings in the presence of civil suit. 2019 _ Pcrlj _ 1558 ( c ).
S. 103. Despite
availability of independent witnesses of the locality, police official was made
mashir for the purpose of all the mashirnamas which being violation of s. 103
crpc caused damage to the prosecution case.
2019 _ Pcrlj _ note 138 _ Page 156
: S. 161. Supplementary statement. Involvement and
nomination of accused on the basis of supplementary statement was depreciated
and disapproved by the federal shariat court.
2019 _ YLR _ 2270 ( d ).
S. 154. Basic purpose of FIR was not meant to decide guilt
or innocence but to activate the law enforcing agencies to immediately move for
collection / preservation of evidence.
2019 _ YLR _ 2316 ( b ).
S. 497. Statutory
delay. Where a case of statutory delay in the conclusion of trial is made out,
ordinarily bail was not to be refused on hyper technical ground. 2019 _ YLR _
2357 ( c ).
S. 540. Section 540 crpc gives wide powers to the court to
examine any person as a witness at any stage of trial and impose a duty on the
court to summon any person as a witness, who otherwise could not be brought
before the court.
2019 _ YLR _ 2460 ( b ).
Where circumstances in the prosecution evidence create
doubt, the benefit thereof must go to the accused.
2019 _ YLR _ 2381 ( b ).
Contradictions of minor nature and not material could be
ignored as different witnesses had seen matters from different angles,
position, proximity and location.
2019 _ YLR _ 2246 ( e ).
Counsel and client.
Admission by counsel. Scope. Accused is not bound of admission of his counsel.
2019 _ YLR _ note 63 _ Page 50
Conviction can not be based on high probabilities and
suspicion can not take place of proof.
2019 _ YLR _ 2329 ( c ).
Sentence. Harsher the sentence, stricter the standard of
proof.
2019 _ YLR _ 2381 ( c ).
Evidence of police
official. Prosecution witnesses being police officials by itself could not be
considered as a valid reason to discard their statements.
2019 _ YLR _ 2287 ( c ).
