Prosecution case
Prosecution case legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Minor contradictions in the prosecution case would not be of any significance.
Accused was convicted by Trial Court for committing murder of 7 years old young girl and was sentenced to imprisonment for life
Allegations by prosecution to the effect that accused had taken deceased with him on the date, time and at the place of incident; he alone was present with her when incident happened; and he was found with her by eyewitnesses, not only remained un-rebutted but such facts/allegations also stood admitted before Trial Court
Burden to prove such facts/allegations was on prosecution and the same stood proved
No contradiction was noticed in evidence of complainant and other eyewitnesses, as all of them testified that when they reached at the place of incident after hearing cries of deceased girl, they had found accused sitting on the chest of deceased with both his hands around her neck and he was strangulating her
More than sufficient and unchallenged ocular and medical evidence existed against accused before Trial Court to convict him for murder of minor girl and case against him was proved beyond any shadow of doubt
Findings of Trial Court were based on sound reasoning and correct and proper appreciation of evidence on record
High Court declined to interfere in judgment passed by Trial Court as the Court had already taken a lenient view by not awarding sentence of death to accused
Appeal was dismissed in circumstances.
"Prosecution case", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124944861
Precedents & Case Laws citing "Prosecution case"
2013 P Cr
ABDUL GHAFOOR — Appellant Versus The STATE — Respondent
Court: SindhP L D 1994 Supreme Court 338
ABDULWAHAB ‑‑‑ Petitioner Versus TARIQ HASSAN and another‑‑‑Respondents
Court:1981 S C M R 294
ABDUR RAHIM AND 14 OTHERS — Petitioners Versus THE STATE AND ANOTHER-Respondents
Court: -- S. 493-Public Prosecutor-Duties and responsibilities of-Public Prosecutor though responsible for conducting prosecution of case entrusted to him and empowered to choose which witnesses to produce at trial and which to be given up as unnecessary or having been won over, yet in making such selection he must act with great care and responsibility-Court cannot be expected to sit as silent spectator even when it notices non-production of certain witnesses to be likely to result in miscarriage of justice--Proper course when Court smells foul play : to ascertain facts himself directly from witnesses Enough material existing on record to conclude giving up of all remaining prosecution witnesses by Public Prosecutor being reckless and perhaps at instigation of, if not in collusion with, persons interested in stifling prosecution case, and affidavits filed by remaining witnesses showing such witnesses having not been won over and willing to support prosecution version, High Court, held, perfectly justified in setting aside acquittal of respondents and ordering their retrial: Witness-Appeal against acquittal.1998 P Cr
ALI NAWAZ and another‑‑‑Appellants Versus THE STATE‑‑‑Respondent
Court: Karachi1979 S C M R 589
MUSA KHAN‑Appellant Versus THE STATE‑Respondent
Court: ----S. 304/34‑Murder‑case‑Appeal‑Appreciation of evidence Altercation allegedly taking place between parties but deceased not alleged to have given any provocation‑Accused as such had no apparent cause or motive to attack and kill deceased‑Real source of fight not disclosed by concerned prosecution witnesses‑Motive as alleged not bringing offence home to accused‑F. I. R. stating there being no previous enmity between parties but one of prosecution witnesses forced to admit in cross‑examination of existence of some blood feud between parties due to murder of a relation of complainant party in which case one of appellants involved‑Prosecution not placing its case in a straightforward manner‑Medical evidence instead of advancing prosecution case giving it a serious jolt‑Deceased, according to medical evidence, not found to have any blunt weapon injury on his person as alleged to have been inflicted by blunt side of hatchets‑Medical evidence also showing one of appellants having two injuries on his person‑Neither in F. I. R. nor in whole prosecution case such injuries on person of accused found any mention nor any explanation given for such injuries‑Such injuries could not be used as a hallmark of presence of accused on spot due to implication of injuries on accused being no part of prosecution case nor could such circumstance constitute an incriminating circumstance‑Accused's admission having received injuries in instant case in his statement under S. 342, Criminal Procedure Code, 1898 being not placed on record of instant case, and even otherwise such being hardly a statement as could incriminate appellant or support prosecution case, lower Court, held, committed a legal error in using such factor as proving guilt of appellant‑Prosecution witnesses closely related inter se and to deceased hence not reliable without strong independent corrobora tion‑No such corroborating evidence existing and witnesses on other hand appearing to have purged themselves in falsely implicating acquitted accused and their statements also belied by medical evidence‑F. I. R. appearing to have been recorded after spot ins pection ‑and due deliberations long after actual occurrence‑Levy police post existing at a distance of 200 paces but report not lodged there but lodged at a police station ten miles away‑Prosecution case, held, not established beyond reasonable doubt and trial Court justified in acquitting accused appellant.‑Evidence.2004 M L D 65
KAZIM and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent
Court: Lahore2015 M L D 424
NASEEB GUL PATHAN — Appellant Versus The STATE — Respondent
Court: Sindh2023 Y L R 1418
MUHAMMAD YAQOOB — Appellant Versus The STATE and another — Respondents
Court: Lahore2013 Y L R 1442
SHER WALI and another — Appellants Versus The STATE and another — Respondents
Court: Peshawar