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Latest Judgments (All Jurisdictions within Pakistan)

ABDUL WAQAR vs The STATE

Citation: 2018 YLR 2358

Case No: Criminal Appeal No.80/2016

Judgment Date: 25/01/2017

Jurisdiction: Sindh High Court

Judge: Naimatullah Phulpoto and Shamsuddin Abbasi, JJ

Summary: Summary pending

MESSRS DEWAN PETROLEUM PVT LIMITED VS EXECUTIVE DIRECTOR SECP

Citation: 2017 CLD 1237

Case No: SECP APPEAL No. 5/2015

Judgment Date: 25-01-2017

Jurisdiction: Islamabad High Court

Judge: Justice Athar Minallah

Summary: Summary pending.

MST RUKHSANA BEGUM OTHERSS VS SAJJAD

Citation: 2017 SCMR 596

Case No: C.AS Nos. 324 AND 325/2011

Judgment Date: 25-01-2017

Jurisdiction: Supreme Court of Pakistan

Judge: Justice

Summary: Summary pending.

Dewan Petroleum Pvt Ltd VS Execution Directior SECP

Citation: 2017 CLD 1237

Case No: SECP Appeal-5-2015

Judgment Date: 25/01/2017

Jurisdiction: Islamabad High Court

Judge: Justice Athar Minallah

Summary: Summary Pending

MUHAMMAD ASIF ETC VS TANVIR AHMAD ETC

Citation: 2017 LHC 4827, PLJ 2021 Lahore Note 31

Case No: Civil Revision No.1975/2010

Judgment Date: 25/01/2017

Jurisdiction: Lahore High Court

Judge: Justice Muhammad Ameer Bhatti

Summary: The respondents argued that the petitioners had failed to prove an agreement to sell due to a deficiency in their evidence. The law under Article 79 of the Qanun-e-Shahadat Order, 1984, requires the production of two marginal witnesses to prove such a document. In this case, the petitioners produced only one marginal witness, and there was no reasonable explanation for not producing the second one. As a result, the suit was dismissed in the lower courts.The petitioners' counsel suggested that the deficiency in evidence could be remedied by considering the Scribe's testimony as equivalent to that of an attesting witness. However, the court noted that the Scribe's evidence could not be a substitute for an attesting witness, and the Hon'ble Supreme Court had emphasized the distinct roles and states of mind of the two.Additionally, the court highlighted the importance of raising objections at the appropriate time when admitting documents into evidence, as later objections would not be considered valid.

REHMAT ALI VS STATE ETC

Citation: 2017 LHC 2875, 2018 MLD 508 Lah

Case No: Crl. Appeal No.55 of 2014

Judgment Date: 25/01/2017

Jurisdiction: Lahore High Court

Judge: Justice Tariq Saleem Sheikh

Summary: Acquittal --- The prosecution's case was based on the abduction of Muqadas Batool, the daughter of the complainant, Khurshid Hussain. It was alleged that Rehmat Ali had abducted Muqadas Batool and sexually assaulted her. Muqadas Batool's account of the events was central to the prosecution's case.However, the judgment pointed out several issues with the prosecution's case. The court found discrepancies and contradictions in the testimony of the witnesses. Muqadas Batool's version of events, including the alleged abduction, was not entirely convincing, and the court raised questions about her actions and reactions during the alleged abduction.The court also noted that there was a lack of medical evidence to support the prosecution's claims, as there were no injuries or signs of sexual assault found during the medical examination.Additionally, the court highlighted that no eyewitnesses were presented who could confirm the abduction or the crime. The recovery of evidence was also questionable, with the absence of key items such as the motorcycle allegedly used in the crime.Given the doubt and inconsistencies in the prosecution's case, the court acquitted Rehmat Ali, as the evidence presented did not prove his guilt beyond a reasonable doubt. The judgment emphasized the importance of adhering to the principle that it is better to acquit ten guilty persons than to wrongfully convict one innocent person.

Mst. Rukhsana Begum v. Sajjad & others

Citation: 2017 SCMR 596, 2017 SCP 42

Case No: Crl.A.324/2011

Judgment Date: 25/01/2017

Jurisdiction: Supreme Court of Pakistan

Judge: JUSTICE DOST MUHAMMAD KHAN

Summary: Acquittal granted----The appellants, including Mst. Rukhsana Begum, challenged their convictions for various offenses including murder, under sections 302/148/149 of the Pakistan Penal Code. The incident in question occurred on February 22, 2003, when a group of assailants attacked Muhammad Faazil and others, resulting in the deaths of Muhammad Fayyaz and Muhammad Yar. Muhammad Faazil, the complainant, alleged that the accused, armed with various weapons, launched a coordinated attack, leading to the deaths of his sons. The prosecution presented evidence including witness testimonies, recovery of weapons, and autopsy reports to support their case. However, the Supreme Court conducted a thorough review of the evidence and raised several significant doubts. The court questioned the credibility of the FIR, highlighting inconsistencies in the timing of events and the omission of crucial details. Doubts were raised regarding the presence of the complainant and other witnesses at the crime scene, with the court finding their testimonies unreliable and lacking corroborative evidence. The recovery of weapons, a crucial aspect of the prosecution's case, was deemed unreliable due to the lack of independent corroboration and the involvement of witnesses whose credibility was already in question. The court observed a pattern of bias and enmity between the parties involved, suggesting that private vendettas may have influenced the course of events and the testimonies presented. Ultimately, the Supreme Court ruled in favor of the appellants, overturning their convictions and acquitting them of all charges. The judgment emphasized the importance of establishing guilt beyond a reasonable doubt and highlighted flaws in the prosecution's case, including inconsistencies in witness testimonies and the handling of evidence. This landmark judgment underscores the judiciary's commitment to upholding the principles of justice and fairness, ensuring that convictions are based on sound evidence and legal standards.

ADAM KHAN vs The STATE

Citation: 2018 MLD 1007

Case No: Criminal Bail Application No.S-530/2016

Judgment Date: 24/01/2017

Jurisdiction: Sindh High Court

Judge: Omar Sial, J

Summary: Summary pending

MUMTAZ HUSSAIN vs THE STATE and 2 others Writ Petition No17013Q of 2016 decided on 24th January 2017

Citation: PLD 2017 Lahore 889

Case No: Case79967

Judgment Date: 24/1/2017

Jurisdiction: Unknown

Judge: Asjad Javaid Ghural, J

Summary: Summary pending

MUHAMMAD YAMIN vs The STATE

Citation: 2018 PCrLJ 1326

Case No: Criminal Bail Application No. 1549/2016

Judgment Date: 24/01/2017

Jurisdiction: Sindh High Court

Judge: Fahim Ahmed Siddiqui, J

Summary: Summary pending

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