| Case ID |
43e21eba-d930-45d9-978a-7c777517fe68 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Revision No. 52 of 2014 |
| Decision Date |
Sep 09, 2014 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the revision petition challenging the order of the Special Judge, Anti-Terrorism Court, Islamabad, which allowed the application under section 540 of the Criminal Procedure Code for the re-examination of the complainant. The court emphasized that for a just conclusion, it is essential to summon witnesses for re-examination if necessary. The court found that allowing the re-examination of the complainant was warranted given that his incomplete statement was recorded previously, and it would aid in reaching a just conclusion regarding the facts of the case. The court ruled that the re-examination would not fill any lacuna in the evidence but rather provide clarity on the circumstances surrounding the case, especially concerning the ransom amount demanded. The decision reinforced the principle that justice should prevail over technicalities in legal proceedings. |
| Summary |
This case revolves around a criminal revision petition concerning the kidnapping for ransom under the Pakistan Penal Code. The Islamabad High Court addressed the application for the re-examination of a complainant, emphasizing the importance of ensuring that all relevant testimonies are considered to reach a just outcome. The court ruled in favor of allowing the re-examination, highlighting that the law supports the pursuit of justice over procedural technicalities. The case underscores the judicial commitment to thoroughness in criminal proceedings and the need to ensure that all evidence is adequately presented and scrutinized. This ruling is significant as it reiterates the court's role in safeguarding the rights of victims while upholding the principles of fair trial and justice. The decision also reflects the evolving landscape of criminal law in Pakistan, where the courts are increasingly focused on substantive justice. Keywords such as 'kidnapping for ransom,' 're-examination of witnesses,' 'Islamabad High Court,' and 'Criminal Procedure Code' are crucial for SEO optimization. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAUKAT AZIZ SIDDIQUI,
ATHAR MINALLAH
|
| Lawyers |
Ch. Abdul Khaliq Thind
|
| Petitioners |
SHEREEN GUL alias FATIMA
|
| Respondents |
SPECIAL JUDGE, ANTITERRORISM COURT-I, Islamabad,
Ch. Abdul Khaliq Thind
|
| Citations |
2015 SLD 2324,
2015 PCRLJ 724,
2015 PLJ 3
|
| Other Citations |
PLD 1984 SC 95
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
365A,
540,
161
|