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2025 Y L R 1259
Muhammad Mohsan — Appellant Versus The State — Respondent
Decided Date: the basis of evidence and not on the basis of sentiments and emotions. The gruesome, heinous or brutal nature of the offence may be relevant at the stage of awarding suitable punishment after conviction; but it is totally irrelevant at the stage of appraising or re-appraising the evidence available on record to determine guilt of the accused, as possibility of an innocent person having been wrongly involved in cases of such nature cannot be ruled out. An accused person is presumed to be innocent till the time he is proved guilty beyond reasonable doubt, and this presumption of his innocence continues until the prosecution succeeds in proving the charge against him beyond reasonable doubt on the basis of legally admissible, confidence inspiring, trustworthy and reliable. No matter how heinous the crime, the constitutional guarantee of fair trial under Article 10-A of Constitution of Islamic Republic of Pakistan, 1973, cannot be taken away from the accused. It is, therefore, duty of the Court to assess the probative value (weight) of every piece of evidence available on record in accordance with the settled principles of appreciation of evidence, in a dispassionate, systematic and structured manner without being influenced by the nature of allegations. Any tendency to strain or stretch or haphazardly appreciate evidence to reach a desired or popular decision in a case must be scrupulously avoided or else highly deleterious results seriously affecting proper administration of criminal justice will follow, as has been held by the Honourable Supreme Court of Pakistan in case of Naveed Asghar and 2 others v. The State (PLD 2021 SC 600). It is well settled by now that the prosecution is bound to prove its case against the accused beyond any shadow of reasonable doubt but no such duty is cast upon the accused to prove his innocence. It has also been held by the Superior Courts that conviction must be based and founded on unimpeachable evidence and certainty of guilt, and any doubt arising in the prosecution case must be resolved in favour of the accused. In case of Wazir Mohammad v. The State (1992 SCMR 1134), it was held by the Honourable Supreme Court of Pakistan that "In the criminal trial it is the duty of the prosecution to prove its case against the accused to the hilt, but no such duty is cast upon the accused, he has only to create doubt in the case of the prosecution." The Honourable Supreme Court in another case of Shamoon alias Shamma v. The State (1995 SCMR 1377) held that:
Summary: — Conviction — Benefit of doubt — Principle — Conviction must be based and founded on unimpeachable evidence and certainty of guilt — Any doubt arising in the prosecution case must be resolved in favour of the accused. — Ss. 302(b), 148 & 149 — Qatl...
2025 Y L R 1244
Sajjad alias Mani — Appellant Versus The State and others — Respondents
Decided Date: merits
Summary: — Ss. 302(b), 324, 337-F(i), 337-F(ii), 148 & 149 — Qatl-i-amd, attempt to commit qatl-i-amd, damiyah, causing badi'ah, rioting armed with deadly weapons, unlawful assembly — Appreciation of evidence — Un-natural conduct of the complainant and his br...
2025 Y L R 1237
Fazal Arshad — Petitioner Versus Zulfiqar Ahmed and others — Respondents
Decided Date: 2025-January-13
Summary: — S. 12(2) — Constitution of Pakistan, Art. 199 — Ex-parte decree, setting aside of — Serious allegations of fraud, collusion and misrepresentation — Procedural defect, identification of — Non-framing of issues — Summary disposal of application under...
2025 Y L R 1217
SAFIA BIBI — Petitioner Versus MUHAMMAD TUFAIL and others — Respondents
Decided Date: N/A
Summary: — S. 42 — Suit of declaration — Gift-deeds, assailing of — Limitation — Plaintiff/lady instituted the suit against her (four) nephews/defendants and brother/defendants with the averments that she being the daughter of deceased was entitled to inherit...
2025 Y L R 1201
Ibrar — Appellant Versus The State and others — Respondents
Decided Date: 2025-January-28
Summary: — Ss. 302(b) & 324 — Qatl-i-amd, attempt to commit qatl-i-amd — Appreciation of evidence — Delay of thirty hours in lodging the FIR to plausibly explained — Accused was charged for committing murder of his wife/daughter of the complainant by firing a...
2025 Y L R 1187
Shafqat Ali — Appellant Versus The State and others — Respondents
Decided Date: 2025-March-24
Summary: — Ss. 302(b) & 34 — Qatl-i-amd, common intention — Appreciation of evidence — Delay of four hours and fifty five minutes in lodging the FIR — Not fatal to the prosecution case — Accused were charged for committing murder of his wife/daughter of compl...
2025 Y L R 1159
Zafar Iqbal alias Ilam Din and others — Appellants Versus The State and others — Respondents
Decided Date: 2025-February-20
Summary: — Ss. 302(b), 449, 148 & 149 — Qatl-i-amd, grievous hurt committed by a person who knows or has reason to believe that the hurt will cause the death of the person against whom the act is committed, rioting armed with deadly weapons, unlawful assembly...
2025 Y L R 1144
Malik Faisal Mahmood and another — Appellants Versus Shahid Ali and others — Respondents
Decided Date: N/A
Summary: — S. 12 — Civil Procedure Code (V of 1908), O.XVII, R.3 — Suit for specific performance of agreement to sell — Failure to deposit balance sale consideration — Dismissal of suit — Surety bond, submission of — Appellants / plaintiffs were aggrie...
2025 Y L R 1115
Usman Yasin — Petitioner Versus Election Appellate Tribunal and others — Respondents
Decided Date: N/A
Summary: — Art. 199 — Judgment passed by the Election Tribunal, assailing of — Judicial review — Scope of the judicial review of the High Court under Art. 199 of the Constitution in election matters is confined to the extent of an order passed by election aut...
2025 Y L R 1104
Muhammad Ramzan — Appellant Versus The STATE and others — Respondents
Decided Date: 2025-January-21
Summary: — S. 302(b) — Qatl-i-amd — Apprecia-tion of evidence — Delay of 03 hours and 45 minutes in lodging the FIR — Consequential — Accused was charged for committing murder of his wife/sister of complainant by cutting her neck with churri — Incident in the...
2025 Y L R 1094
Anees ur Rehman — Appellant Versus The STATE and another — Respondents
Decided Date: 2024-October-25
Summary: — Ss. 302(b) & 34 — Qatl-i-amd, common intention — Appreciation of evidence — Delay of three hours in lodging the FIR — Consequential — Accused was charged that he along with his co-accused committed murder of his wife/daughter of the complainant — A...
2025 Y L R 1034
Muhammad Aslam Javed — Petitioner Versus The State and others — Respondents
Decided Date: 2024-October-9
Summary: — S. 497 — Bail — Benefit of doubt — Scope — Benefit of doubt must be taken into consideration even at bail stage. — S. 497 — Bail — Heinousness of offence not a ground for declining bail — Mere heinousmess of the offence is not sufficient to take a...
2025 Y L R 1001
Munir Hussain Shah — Appellant Versus The State and another — Respondents
Decided Date: N/A
Summary: — Ss. 302(b) & 458 — Qatl-i-amd, lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint — Appreciation of evidence — Lodging of FIR with promptitude — Accused was charged for committing murder of ...
2025 Y L R 972
Ishfaq Ahmad — Petitioner Versus Additional Sessions Judge and 4 others — Respondents
Decided Date: the same day by the learned Additional Sessions Judge/Judge MCTC, Vehari and the judgment dated 30.11.2019 was passed, however, while passing the said judgment it was directed that a case be registered against the petitioner in respect of an offence under section 302 P.P.C. for committing Qatl-i-Amd of Amanat Ali (deceased). It is apparent from the perusal of the judgment passed by the learned Additional Sessions Judge/Judge MCTC, Vehari in case FIR No.490, dated 12.12.2017, registered in respect of offences under sections 302, 324, 186, 427 and 34 P.P.C, at the Police Station Saddar Burewala, District Vehari and the judgment passed by the Additional Sessions Judge in the case instituted upon the private complaint titled Abdul Aziz v. Muhammad Ishfaq Gill-Inspector/S.H.O. Police Station Saddar Burewala and 11 others that both the cases relates to the allegation regarding the abduction and Qatl-i-Amd of Amanat Ali (deceased) and the petitioner was acquitted after trial of the charge of abduction and Qatl-i-Amd of Amanat Ali (deceased) vide judgment dated 30.11.2019 passed by the learned Additional Sessions Judge, Vehari, however, by way of the judgment dated 30.11.2019, passed by the learned Additional Sessions Judge, Vehari in the case instituted upon the police report regarding FIR No. 490 of 2017, dated 12.12.2017, registered in respect of offences under sections 302, 324, 186, 427 and 34 P.P.C, at Police Station Saddar Burewala, District Vahari, a direction was issued to register a case against the petitioner for the Qatl-i-Amd of Amanat Ali (deceased) which simply could have not been done under Article 13 of the Constitution of Islamic Republic of Pakistan, 1973 as well as provisions of section 403 Cr.P.C. Both the Article 13 of the Constitution of Islamic Republic of Pakistan, 1973 as well as provisions of section 403 Cr.P.C. provide that a person cannot be tried for the allegation of committing an offence more than once for the same offence. Article 13 of the Constitution of Islamic Republic of Pakistan, 1973 provides as under:-
Summary: — S. 403 — Constitution of Pakistan, Art. 13 — Quashing of order — Double jeopardy — Scope — Applicant was aggrieved of an order passed by Trial Court whereby DPO was directed to register a case against the petitioner/ complainant in respect of offen...
2025 Y L R 941
Muhammad Afzal — Appellant Versus The State and others — Respondents
Decided Date: 2024-May-29
Summary: — S. 302(b) — Qatl-i-amd — Appreciation of evidence — Delay of six hours and forty minutes in lodging the FIR not explained — Accused was charged for committing murder of the sister of complainant by cutting her throat with a sharp edged sickle — Rec...
2025 Y L R 930
Sher Azam Khan and others — Appellants Versus The State and others — Respondents
Decided Date: N/A
Summary: — Ss. 302(b), 324 & 34 — Qatl-i-amd, attempt to commit qatl-i-amd, common intention — Appreciation of evidence — Ocular account and medical evidence — Confliction — Accused were charged that they made firing upon the complainant party, due to which b...
2025 Y L R 917
Muhammad Iqbal through legal heirs and others — Petitioners Versus Mst. Sakina Bibi and another — Respondents
Decided Date: N/A
Summary: — Ss. 42 & 54 — Suit for declaration with permanent injunction — Oral gift — Mutation — Fraud — Essential ingredients of a valid gift — Proof — Beneficiary of oral gift — Onus to prove — Non-mentioning of details of oral gift by the donees/petitioner...
2025 Y L R 888
Muhammad Imran — Appellant Versus The State and another — Respondents
Decided Date: N/A
Summary: — S. 9(c) — Possession of narcotic substances — Appreciation of evidence — Preparation of complaint at the spot not proved — Prosecution case was that 19-kilograms heroin was recovered from the vehicle of the accused — Allegedly, the complaint was pr...
2025 Y L R 867
Mst. SHAHIDAH BIBI — Appellant Versus The STATE and another — Respondents
Decided Date: N/A
Summary: — S. 9(1)(3)(c) — Qanun-e-Shahadat (10 of 1984), Art. 150 — Possession of narcotic substance — Appreciation of evidence — Contradictions in the statements of witnesses — Prosecution case was that 1500-grams charas was recovered from the possession of...
2025 Y L R 841
S. AKMAL (deceased) through Legal Heirs and others — Petitioners Versus MODEL TOWN COOPERATIVE HOUSING SOCIETY and others — Respondents
Decided Date: 2022-May-6
Summary: — Ss. 42, 39 & 54 — Suit for declaration, permanent injunction and cancellation of deed/memorandum of gift — Document not properly/legally exhibited — Effect — Plaintiffs (one being the wife of the deceased while other being one of the two sons) clai...