Enmity
Enmity legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
If, on the one hand, it provides a motive for the accused to commit the occurrence in question, on the other hand, it equally provides an opportunity for the first informant to implicate his enemy.
Enmity is double edged weapon that cut both ways, on one hand, it provides a motive for accused to commit the occurrence, on the other hand, it equally provides an opportunity for the first informant to implicate his enemy.
Mere existence of enmity between the parties was not enough to disbelieve the version of complainant party supported by medical evidence.
Conviction on the basis of inimical witnesses was against the principles of natural justice.
When solitary ocular version is unimpeachable and confidence inspiring mere existence of enmity becomes irrelevant.
In the absence of enmity with the complainant and witnesses or the deceased, a procedural formality could not be insisted at the cost of completion of an offence
If the accused was otherwise found connected with the commission of an offence then mere procedural omission and even allegation of improper conduct of investigation would not help the accused/ convict.
Enmity was double-edged weapon which cut both sides but propriety of safe administration of justice demanded to evaluate evidence on all aspects viz interested, related and inimical as well motive with care and caution.
Enmity could be a ground for false implication.
Enmity was a double-edged weapon, which would cut both ways. [Para. 18 of the judgment]
Enmity was a double edged weapon, which would cut both ways; on the one hand, it provided a motive for the accused to commit the occurrence and on the other it equally provide opportunity to the first informant to implicate his enemy.
If on one side, enmity provided a motive for the accused to commit an offence on the other hand, equally provided opportunity to the complainant to implicate his enemy.
lf the enmity would give rise to plea of false involvement, then same would allow to presume commission of the complained offence.
"Enmity", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124959429
Precedents & Case Laws citing "Enmity"
1991 S C M R 643
MUHAMMAD NOOR and another — Appellants Versus MEMBER-I, BOARD OF REVENUE,
Court: ----S. 302/34---Appreciation of evidence---Case of no evidence---Motive/enmity or the matter of abscondence of accused has no value at all so long as direct evidence is not forthcoming---So long a substantive or direct piece of evidence is not available no other type of evidence, howsoever convicting it may be, can be relied upon or can form the basis of conviction. Motive-Abscondence.2012 Y L R 2416
AKBAR — Applicant Versus THE STATE — Respondent
Court: Sindh2003 P Cr
HAJI JAR0 and 2 others‑‑‑Applicants Versus THE STATE‑‑‑Respondent
Court: Karachi2019 P Cr
WAGHO alias SODHAL — Appellant Versus The STATE — Respondent
Court: Sindh (Larkana Bench)2012 Y L R 2389
NABI BUX — Applicant Versus THE STATE — Respondent
Court: Sindh2001 P Cr
NOOR KHAN — Petitioner Versus JUDGE, SPECIAL COURT, ANTI TERRORISM SARGODHA DIVISION,
Court: Lahore1989 P Cr
ALLAHDINO‑‑Applicant Versus THE STATE‑‑Respondent
Court: Karachi1995 S C M R 1668
ZULFIQAR alias BHUTTO ‑‑‑Appellant Versus THE STATE‑‑‑Respondent
Court: Supreme Court of Pakistan1988 S C M R 1063
MUHAMMAD HAROON‑‑Petitioner Versus THE STATE‑‑Respondent
Court: High Court2012 M L D 314
QURBAN ALI — Applicant Versus THE STATE — Respondent
Court: Sindh