06/01/2026
Publications Judgments
Judgments
Title
*M FAROOQ KHILJI ADVOCATE 03336287215*
Description
2025 S C M R 50 Guidelines for Identification Parade
2025 P Cr. L J 1 Directions by Lahore High Court to ensure the prompt implementation of The Juvenile Act
2025 P Cr. L J 589 Audio, video clip including snaps, photographs as evidence maintained a dual character in the law of evidence; it is termed as document as well as a material thing (physical evidence), also known as real evidence
2024 S C M R 934 Use of video recording and photographs by the police and members of the Anti-Narcotics Force (ANF) when search, seizure or arrest is made
2024 P Cr. L J 1881 Investigation of Offence Under Anti R**e Act
2024 YLR 1339 Itlaf of Tooth & application of Section 336 PPC
2024 YLR 1264 Concurrent Civil and Criminal Proceedings
2024 YLR 1127 Value of Evidence of DNA Report
2024 MLD 919 Art of Cross Examination
2024 P Cr. L J 808 On Cross Examination
2024 P Cr. L J 1939 Re-Examination of a Witness For The Purpose of Exhibition of a Document
2024 P Cr. L J 1946 Complainant as Investigating Officer
2024 P Cr. L J 1903 Addition or Deletion of Penal Provision
2023 SCMR 929 Term Co-Jointly Used Under Section 391 & 396
2023 SCMR 139 Principles Relating To Judicial Confession
P L D 2020 Supreme Court 61 Acts constituting terrorism in terms of section 6 of the Anti-Terrorism Act 1997
2019 SCMR 1641 Cancellation of Bail After Issuance of Non Bailable Warrants
PLD 2019 SC 461
Right of Qisas
PLD 2019 SC 527
Falsus in Uno falsus in omnibus
PLD 2019 SC 577
Retracted confession could find basis for conviction if found voluntary and truthful
PLD 2019 SC 592
Husband accused of murdering his wife in matrimonial house-silence by accused...could not be equated with failure within the contemplation of Article 121 of QSO
PLD 2019 SC 43
345 (6) Compounding of an offence—acquittal –PLD 2018 SC 703
PLD 2019 SC 196
Use of audio video recording in 161 statement
PLD 2019 SC 449
Article 128 QSO—Request to DNA declined…Legitimacy
PLD 2019 SC 32
Federal Shariat & fundamental rights
1996 MLD 502
Doctrine of Functus Officio in Bail Matters
2019 SCMR 516
337 N-2, Normal sentence is Arsh and Diyat and senetence of imprisonment cannot be passed unless previously convicted…
2019 SCMR 956
Joint Identification Parade inadmissible—Estimator variables discussed+ Kanwar Anwar Ali PLD 2019 SC 488 Discussed
2019 SCMR 1008
Person recording Dying Declaration not produced –DD in legislative wisdom was an exception to the general rule of direct evidence.
2019 SCMR 537
Magistrate sec 30 can be empowered u/s 34 by the govt. to try the offences which are originally triable by the court of sessions
2019 SCMR 1068
Safe transmission of dead body for which postmortem conducted
PLD 2018 SC 813
Theory of Last Seen
2018 SCMR 141
Vires of Magistrate regarding examination of medical expert before commencement of trial
2018 SCMR 71
Sec, 87, 88, 512 Cr.PC & 5 A(4) ATA—ATA empowers court to conduct full fledge trial in the absence of accused
*M FAROOQ KHILJI ADVOCATE 03336287215*
2018 SCMR 354
Medical evidence supportive –Motive not proved, who caused fatal injury not clear--mitigating circumstance
2018 SCMR 344
Benefit given to non-appealing co-convict—Shabir Ahmad case (2011 SCMR 1142)—Piece of evidence not put to accused in 342 statement cannot be considered against him
2018 SCMR 372
Dummies remained unchanged while all the accused were put to ID Parade—although not itself vitiate the parade but had put the court to caution
2018 SCMR 733
Disciplinary and criminal proceedings may proceed simultaneously—no double jeopardy
2018 SCMR 756
Compromise amounts to acquittal according to sec 345 (6) CrPC—Minority view =sentence brought to an end but not the conviction
2018 SCMR 772
Dishonest improvements in statements of witnesses; it is not safe to place reliance. Medical evidence can never be corroborative but only supportive piece of evidence. Recovery is not corroborative until supported by positive report of PFSL. Benefit of reasonable doubt, accused is entitled to its benefit not as a matter of grace or concession but a matter of right.
2018 SCMR 911
Woman accused of killing an-other woman—Motive not proved-
2018 SCMR 1177
Order of remand that was facially perverse or without jurisdiction or otherwise void could be interfered with under Constitutional jurisdiction like any other order.
2018 SCMR 791
Defamation and malicious prosecution- No proceeding for defamation could be conducted which may undermine the rule of immunity.
2018 SCMR 2039
Rule 5 & 6 report of Analyst in CNSA—safe custody—Rule 5 directory—rule 6 mandatory---protocols to be mentioned in report
2018 SCMR 2118
Free Fight without pre-meditation—no motive--the alleged recovery of a pistol from the accused's custody during the investigation was legally inconsequential because the crime-empties had been sent to the Forensic Science Laboratory after the alleged recovery of a pistol from the accused's possession
PLD 2017 SC 18
Schizophrenia, therefore, was a recoverable disease, which, in all the cases, did not fall within the definition of "mental disorder" as defined in the Mental Health Ordinance, 2001
PLD 2017 SC 152
Age of accused ….Youthful tendency towards excitement and impulsiveness were treated by the law as a mitigating circumstance
2017 SCMR 713
Arts. 30, 42 & 43 QSO-- S. 364 CrPC…Confession at later stage of trial. rules to be followed.. Admission of the accused could not be a substitute for a true and voluntary confession, and it could not be made the sole basis of conviction on a capital charge.
2017 SCMR 1213
Any order whether of acquittal or conviction by court would be appealable u/s 48 CNSA
2017 SCMR 2026
Nine guiding principles about Last Seen evidence discussed
2017 SCMR 2036
Right of private defence of the body and property extending to causing death of trespasser---Scope---Law gave right to the occupant of any property to expel any intruder/trespasser and if the trespasser had made a trespass for illicit matters then, the right of self-defence of property and person was further fortified even to the extent of causing death of trespasser if he did not retreat after having been told or warned to retreat.--- in many cases of such nature the police deliberately avoid requesting the Medico-legal Officer to examine the private parts and clothes of the deceased/injured or the accused connected with the crime after getting swabs from their private parts for chemical examination; that such an opinion was important to facilitate the courts in reaching a just and proper conclusion.
*M FAROOQ KHILJI ADVOCATE 03336287215*
PLD 2016 SC 17
The real question involved was as to whether or not a person could be said to be justified in killing another person on his own on the basis of an unverified impression or an unestablished perception that such other person had committed blasphemy…----Extra-judicial actions---Law did not permit an individual to arrogate unto himself the roles of a complainant, prosecutor, judge and executioner
PLD 2016 SC 55
Orders passed either under S.203, Cr.P.C. whereby a direct complaint was dismissed or under S.204, Cr.P.C. whereby the Court had taken cognizance of an offence complained of and issued warrants or summons for causing the accused to be brought or produced before the Court were judicial orders…. Exercise of jurisdiction under S.561-A, Cr.P.C. by the High Court was akin to the exercise of jurisdiction under Art.199 of the Constitution… Remedy under S.561-A, Cr.P.C was not an alternate and or substitute for an express remedy as provided under the law in terms of S.435 to 439, Cr.P.C and or Ss.249-A or 265-K, Cr.P.C, as the case may be… Two courts having co-extensive or concurrent jurisdiction---Propriety demanded that jurisdiction of court of the lower grade was to be invoked in the first instance
2021 P Cr. L J 1558
Further Cross Examination Deprecated
2016 SCMR 116
Partial compromise may not have any bearing upon conviction of an accused person in a case of Ta'zir but it may have, in the circumstances of a given case, some relevance to the question of sentence in such a case
2016 SCMR 274
Confession was recorded by magistrate on oath---violated the law and rendered it in-admissible—
2016 SCMR 291
Art. 185(3) ---Leave granting order by Supreme Court---Such order had no binding effect against the settled propositions on an issue. Waiver or compounding of offence---Scope---Conviction and death sentence recorded under S. 302(b), P.P.C. and S. 7(a) of Anti-Terrorism Act, 1997---Offence under S. 7(a) of the Anti-Terrorism Act, 1997 was an independent one, which was non-compoundable, thus the sentence awarded under said provision of law was independent to other sentences under S. 302(b), P.P.C. etc., which may be compoundable in nature---In view of the bar contained in S. 345(7), Cr.P.C., conviction of an accused under the Anti-Terrorism Act, 1997 would remain intact despite compromise in other sentences in compoundable offence.
2016 SCMR 467
Sentences passed against accused in more than one trial---Power of court to order concurrent running of such sentences---Court, while analyzing the facts and circumstances of every case, was competent to direct that sentences in two different trials (of an accused) would run concurrently---Provision of S. 397, Cr.P.C. conferred wide discretion on the Court to extend such benefit to the accused in a case of peculiar nature.
2016 SCMR 787
Section 196 of Cr.P.C barred the Court from taking cognizance of an offence under section 295-A of P.P.C., without requisite sanction/approval/permission (of the Government) and failure to obtain such mandatory permission rendered the proceedings to that extent a nullity in law. However, bar of taking cognizance provided under section 196, Cr.P.C would not apply to the proceedings before the Anti-Terrorism Courts in view of the combined effect of sections 12, 19, 30 and 32 and the overriding effect of section 32 of the Anti-Terrorism Act, 1997, being proceedings under
*M FAROOQ KHILJI ADVOCATE 03336287215*
2016 SCMR 1144
Extra-judicial confession, reliance upon---Scope---Such confession could be concocted easily therefore, it was always looked at with doubt and suspicion---Extra-judicial confession could be taken as corroborative of the charge if it, in the first instance, rang true and then found support from other evidence of unimpeachable character---If the other evidence lacked such attribute, such confession had to be excluded from consideration… Recovery evidence, reliance upon---Scope---Recovery evidence at its best could be taken as corroborative rather than evidence of the charge---Such evidence per se did not name or nominate any accused, nor did it prove or point to his guilt; it simply supplemented the other evidence on the record, if it in its own right, inspired confidence…---Circumstantial evidence could form basis of conviction if it was incompatible with the innocence of the accused and incapable of explanation upon any other reasonable hypothesis than that of his guilt.
2016 SCMR 1190
Ss. 345, 367(2) & (3)---Penal Code (XLV of 1860), Ss. 302(b), 34 & 404---Anti-Terrorism Act (XXVII of 1997), S. 7(a)---Accused charged with both compoundable and non-compoundable offences---Legal error committed by Trial Court in not recording separate conviction and sentence for the non-compoundable offence---High Court also failing to notice such error---Compromise between parties for the compoundable offence---Effect---Conviction and sentence for the non-compoundable offence had to be recorded separately and could not be implied---Matter of conviction and sentence for the non-compoundable offence had become a past and closed transaction---Compromise between the parties for the compoundable offence should not have been rejected in such circumstances.
2016 SCMR 2084
S. 539-B---Power of local inspection---Scope---Section 539-B, Cr.P.C. gave power to a trial Judge or a Magistrate to visit and inspect the place of occurrence or any other place after due notice to the parties, if necessary for properly appreciating the evidence given during the trial---Such power could not be delegated by the trial Judge to any other subordinate or even a subordinate judicial officer to visit the place of occurrence as a Commission. Power under section 539-B, Cr.P.C. could not be a substitute for collection of evidence. Power of inspection under section 539-B, Cr.P.C could not be interchanged for investigation… Art. 164---Closed-Circuit Television (CCTV) footage---Evidentiary value---Mere producing of CCTV footage as a piece of evidence in court was not sufficient to rely upon the same unless and until it was proved to be genuine---In order to prove the genuineness of such footage
PLD 2015 SC 77
Judgment on Compromise in Qisas as well as Tazir cases
PLD 2015 SC 66
Ss. 497 & 200 ---Bail, grant of---Scope---Private complaint and challan case---Accused was granted bail by High Court on the ground that a private complaint had already been filed by the complainant against accused regarding the same incident and, thus, further detention of accused in the challan case had become illegal---Legality---High Court had referred to no provision of law for declaring continued custody of accused in jail in connection with the challan case as "illegal"---Bail granted to accused was set aside in circumstances.
PLD 2015 SC 307
S. 537---Sentence when reversible by reason of error or omission in charge or other proceedings---Scope---Sentence could be reversed and altered provided it had occasioned a failure of justice.
2015 SCMR 258
Arts. 13 & 185---Double jeopardy---Death sentence, award of---Convict awarded death sentence undergoing a period of custody equal to more than a full term imprisonment for life during pendency of his legal remedy against his death sentence---Question was as to whether maintaining of death sentence by the Supreme Court would amount to double punishment---Held, when the conviction or acquittal of a person was under challenge in appeal or revision, the proceedings were neither fresh prosecution nor there was any question of second conviction or double jeopardy
2014 SCMR 474
S. 173---Police Order (22 of 2002), Art. 18---Re-investigation of case by police after filing of final Challan in Trial Court---Not barred---Exception stated. There is no bar to the reinvestigation of a criminal case, and the police authorities are at liberty to file a supplementary Challan even after submission of the final report under section 173, Cr.P.C. However, this cannot be done after the case has been disposed by the Trial Court…Police Order (22 of 2002), Art. 18(6)---Re-investigation of case after Trial Court upheld deletion of S. 308, P.P.C. from F.I.R. by Investigation Officer---Scope---Charge under S. 308, P.P.C. could be framed against accused in case sufficient material was brought on record to prove commission of such offence and convinced Trial Court to do so
2014 SCMR 749
S. 154---F.I.R.---Evidentiary value and relevance---F.I.R. was not a substantive piece of evidence, but simply an information about the occurrence laid before the law enforcing agency to set the law into motion for the purpose of investigation---F.I.R. could not be given weight as substantive piece of evidence for the simple reason that its contents were neither recorded on oath nor it could be subjected to the test of cross-examination through some other prosecution witness, so as to be considered a substantive piece of evidence worth any credence---Narration of facts in the F.I.R. could not be made basis for getting contradictions in the prosecution case or discarding ocular testimony on such premise--- At best F.I.R. could be considered as a piece of document to which the complainant, when he appeared in the witness box, could be confronted with its contents. [Minority View]
2014 SCMR 1464
Sentence, reduction in---Death sentence reduced to imprisonment for life---Motive not proved--Failure of prosecution to prove the motive set up may have a bearing upon the question of sentence and in an appropriate case such
failure may result in reduction of a death sentence to that of imprisonment for life for safe administration of justic
2014 SCMR 1155
High Court convicted the accused under S.311, P.P.C. despite the compromise effected between the parties---Validity---Section 311, P.P.C. was attracted in cases punishable with "Qisas" and not to cases punishable under "Ta'azir" No clear evidence was available to constitute the offence involving the element/mischief of fasad-fil-arz, thus the High Court was not justified in law to convert the punishment of the accused to one under S. 311, P.P.C instead of acquitting them on the basis of compromise---High Court had committed a legal error in convicting and sentencing the accused for crime under S. 311, P.P.C., which caused serious miscarriage of justice-
2014 SCMR 1762
Supreme Court formulated the principles in relation to furnishing a bond under section 91, Cr.P.C, when an accused had been summoned by the Trial Court under section 204, Cr.P.C. to face trial in connection with a private complaint…) ---Police Rules (1934), Rr. 24.1, 24.4, 24.7, 25.2(1), 25.2(2), 25.2(3), 26.1, 26.2 & 26.9---Arrest of accused during investigation---Not necessary---Even in cases of the most heinous offences the police was under no statutory obligation to necessarily and straightaway arrest an accused person during an investigation as long as he was joining the investigation and was cooperating with the same.
