فیصلے

STATE through DPG---Versus MUHAMMAD RAFIQUE through Naib Tehsildar Section 13 (e) and 14-A of Pakistan Arms Ordinance (XX of 1965)--- Ss.417, 190 & 249-A Criminal Procedure Code (V of 1898),---Possessing unlicensed arms---Appeal against acquittal---Jurisdiction of Magistrate to try offence.

Ss. 337-A, 354, 504 & 34 of Penal Code (XLV of 1860)--- S.417(2-A) of Criminal Procedure Code (V of 1898)---Causing Shajjah, assault or criminal force to woman with intent to outrage her modesty, intentional insult with intent to provoke breach of peace, common intention.

Section 497 (2) and 497 (5) of Criminal Procedure Code (V of 1898)------- Benefit of doubt---Scope---Without availability of strong, cogent and convincing grounds, bail cannot be cancelled---Benefit of any doubt arising out even at bail stage should be termed as question calling for further inquiry and accused becomes entitled for grant of bail.

Sections 13 (1) (i) & 55 of Pakistan Legal Practitioners and Bar Council Rules 1976. Electoral List, Election of High Court Bar Association. Place of practice of petitioner could only be determined according to the provincial list.

S, 9 & O.II, R.2 Civil Procedure Code (V of 1908) --- Defamation Ordinance (LVI of 2002), Preamble--- Malicious prosecution --- Ingredients and proof --- defamation Ordinance, 2002 did not contain any ouster clause or any overriding effect qua jurisdiction of civil court.

Ss. 302(a)(b)(c), 304, 307, 308, 310, 331 & 338-E Penal Code (XLV of 1860) --- S.345 Criminal Procedure Code (V of 1898) ---Qatl-i-amd, qisas and diyat---Appreciation of evidence---Sentence, reduction in---Compromise with legal heirs of the deceased in case of death as Tazir, could be considered as a mitigating factor for altering the conviction and awarding the lesser punishment of life imprisonment instead of death.

Terms and conditions of service---Bar of jurisdiction contained in Art.212 of the Constitution---Scope---Relief prayed for by the petitioner was with regard to terms and conditions of his service---Petitioner did not have requisite qualification---Said relief could not be granted under constitutional jurisdiction of High Court in view of the bar contained in Art.212 of the Constitution.

Ss. 35 & 397of Criminal Procedure Code (V of 1898) ---, S. 17(4) of Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Section 13 € of Pakistan Arms Ordinance (XX of 1965), ---Haraabah with murder, ---concurrence of sentences awarded in two cases.

Section 497 Criminal Procedure Code (V of 1898) --- Ss.396, 147, 148 & 149 of Penal Code (XLV of 1860)---Dacoity with murder, rioting, common object---Bail, refusal.

O.XLI Rr. 17, 19 & S. 151 CPC, Article 168 of Limitation Act (IX of 1908), ---Dismissal of appeal for non-prosecution and lack of interest of appellant---Re-admission of appeal---Limitation---Invocation of S.151, C.P.C.---Scope---Re-admission of appeal was governed by O.XLI, R.19, C.P.C..

S. 302 (b), 304 & 34 PPC, Section 367 (5) Cr.P.C---, Arts.3 & 17 of Qanun-e-Shahadat (10 of 1984)---Qatl-i-amd, qatl-i-amd liable to qisas, common intention---Appreciation of evidence---Sentence, quantum of---Discretion of court---Scope.

Ss.561-A, 190, 200 & 201 Cr.P.C--- Ss. 161, 409 & 420 PPC---Taking illegal gratification, criminal breach of trust by Banker, cheating and dishonestly inducing delivery of property---Quashing of FIR---FIR recorded against the petitioners, was directed to be quashed, in circumstances

S. 489-C PPC --- Possessing forged or counterfeit currency-notes or Bank Notes---Appreciation of evidence---Certificate of the State Bank of Pakistan, that alleged currency note was examined by the expert who found it forged one, was neither conclusive nor speaking; as it did not contain the name of the concerned Currency Officer.

S. 302 (c) PPC---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Case of the prosecution mainly rested upon the circumstantial evidence--- charge under S.302(c), P. P. C. was altered to that of under S.302(b), P.P.C..

Civil service-------Employees of Pakistan Railways--- Promotion--- Terms and conditions of service---Bar contained under Art.212 of the Constitution--- Scope---Pakistan Railways was the department of Federal Government and its employees were covered by "persons in the service of Pakistan"---Prayer made by the employees was with regard to "terms and conditions" of their service which could not be granted under the constitutional jurisdiction of High Court.

Section 195 of Cr.P.C. Contempt of lawful authority of public servants, offences against public justice and relating to documents given in evidence---Conditions necessary for applicability of S.195, Cr.P.C..

Preamble, Ss.2(c), 3, 4, 5, 7 & 8 of Illegal Dispossession Act (XI of 2005)---S. 561-A Cr.P.C ---Balochistan Tenancy Ordinance (XXIV of 1978), Preamble & S. 33---Illegal dispossession---Complaint---Quashing of proceedings.