Offence

2025 PCrLJ 1839 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S.497Penal Code (XLV of 1860), Ss. 324, 337F(ii) & 34Bail, refused ofMedical jurisprudenceFirearm injury on leg(s) above/below kneeOffenceScopeWhether attempt to commit qatl-i-amd or "jurh-ghayr-jaifah-mutalahimah"ScopeEntitlement to bailScope

Contention of the petitioner / accused was that injuries had been declared as "jurh-ghayr-jaifah-mutalahimah" attracting offence under S.337 F(iii), P.P.C. and S.324 P.P.C was not applicable in the case as fire shots hit on legs

Validity

If injury had been caused below knee, then applicability of S.324 P.P.C required further probe/inquiry within the purview of subsection (2) of S.497 Cr.P.C., however, if injury had been caused above knee on the leg at thigh, then situation was otherwise, because femoral artery, which was major blood vessel, was located in thigh starting from groin coming to the back of knee and it supplied oxygen-rich blood to the lower parts of the body; so, femoral artery if damaged could cause lower limb ischemia leading to amputation of limb, compartment syndrome as well as death due to severe blood loss from a major artery in the leg

Therefore, if firearm injury had been caused above knee at thigh of leg, then S.324 P.P.C was prima facie applicable/attracted in the case, hence, contention of the petitioner / accused did not hold water

Punishment of offence under S.324 P.P.C fell within the ambit of prohibitory clause of S.497 Cr.P.C

Bail was refused, in circumstances.

2022 PCrLJ 1710 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Ss. 364-A & 377Qanun-e-Shahadat (10 of 1984), Art. 39SodomyAppreciation of evidenceMedical evidenceOffenceDeterminationConfession before policeAccused persons were alleged to have abducted complainant and committed sodomy with himTrial Court convicted both the accused persons for abducting complainant and sentenced them to imprisonment for lifeValidityMedical evidence was a corroborative piece of evidence coupled with statement of victim

Evasive denial without any allegation of false implication had concluded that offence of sodomy punishable under S. 377, P.P.C. was established

Prosecution's case carried two versions, one introduced by complainant/victim and another brought on record through disclosure of one convict

Confession before police was discarded as the same was not admissible in evidence

Other details or narrations mentioned/made in such disclosure could not be accepted also

Statement/any piece of evidence was to be accepted or rejected in toto and not otherwise

Version introduced by accused persons could not be trusted, as the same was not worthy of credit

Carnal intercourse was committed with complainant and the same was proved on record

High Court altered the charge framed for an offence punishable under S. 364-A, P.P.C. to offence of sodomy captioned as unnatural offence punishable under S. 377, P.P.C.

High Court reduced sentence of imprisonment from life to ten years

Appeal was dismissed, in circumstances.

2019 MLD 786 Gilgit-Baltistan Chief Court Judicial Precedent

S. 365-BKidnapping, abducting or inducing woman to compel her for marriageOffenceEssential ingredients

For constituting the offence under S.365-B, P.P.C., two essential ingredients must be fulfilled i.e. firstly, removal of a woman from one place to another place, and secondly, the object behind such removal should be to compel her to marry against her will or that she would be seduced to sexual intercourse against her will.

2014 PCrLJ 989 PESHAWAR-HIGH-COURT Judicial Precedent

OffenceCriteriaMens rea

To administer criminal justice the most important criteria or essence of every offence i.e. mens rea or guilty mind had to be considered

No crime or offence was completed unless the commission of the same was coupled with the necessary ingredients of mens rea or guilty mind.

1969 PTD 904 SUPREME-COURT-INDIA Judicial Precedent

Offence

Cheating by inducement to make "valuable security" Obtaining assessment order for less income tax than due Assessment order whether "property" or "valuable security" Indian Penal Code, 1860, Ss. 29, 30, 415, 417 & 420.