1. CA 274/2009 - Decided on 4/11/2016
Right of Appeal against an Order made by the HC in a Trial in absentia under
section 241 of the Criminal Procedure Code.
2. CA PHC APN 140/2016 - Decided on 8/11/2016.
Where the Medical Officers recommend that the Petitioner requires treatment
abroad such recommendation can be considered as an exceptional circumstances
for bail under the Public Property Act.
3. CA 91/ 2012 - Decided on 9/11/2016.
Aggravating circumstances for sentencing considered. When can the
sentence be enhanced in an appeal ?
4. CA 138/2015 - Decided on 11/11/2016.
Sentencing policy discussed.
5. CA 231/2009 - Decided on 1/11/2016.
The 2 main grounds of Appeal were:
1. That the HCJ had used the IBE s of the main investigating officer who was
dead by the time of trial.
2. Cumulative provocation had not been considered.
Held - That the perusal of IBE s has not caused any prejudice as the incident itself
had been described by the 1st witness whose evidence was very strong.
Since the accused had denied the incident in his dock statement he could not at
the stage of the appeal invite the attention of court to consider a general or
a special exception.
6. CA 67/2011 - Decided on 11/11/2016.
Applicability of Section 27 of the Evidence ORDINANCE and the connection
between a recovery under section 27 and the absence of an explanation from the
accused as to how he came to possession in the context of the main offence of
murder.
Held that in the absence of a reasonable explanation the accused had to be
convicted.
7. CA 232/2014 - Decided on 18/11/2016.
The defence of Intoxication. The necessity to acquit an accused of murder where
the evidence shows that the accused did not entertain the murderous
intention.
8. CA/PHC/APN 149/2009 - Decided on 23/11/2016.
Bail pending Appeal.
Where the sentence was a period of 2 years the fact that the hearing of the
appeal was likely to take a long time was an exceptional circumstance for the
granting of bail.
9. CA/ PHC/ APN 149/2009 - Decided on 28/11/2016.
The requirements of Locus Standi in an application for revision considered.
Also as to who could make a claim for a vehicle at an inquiry under Section 425
and 431 of the Code of Criminal Procedure Act discussed.
10. CA/PHC/APN 128/2015 - DECIDED on 23/11/2016.
Section 25 (1) of the Debt Recovery Law. Can a Magistrate Order compensation at
the point of convicting an accused ?
Held- That there is no provision for a MC to order compensation in such a case.
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