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Preposition

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26 views3 pages

Preposition

class notes

Uploaded by

Swaira fariyad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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UNIVERSITY OF SIALKOT, INTRA-

DEPARTMENTAL LAW MOOT COURT


COMPETITION, 2024 MOOT PROBLEM

IN THE SUPREME COURT OF PAKISTAN

HASSAN KHAN
VERSUS

THE STATE

PREPOSITION OF THE CASE

1. Usman Ali, a 23-year-old boy, is a resident of District, Rawalpindi. He was working as


an accountant in HBL Bank Limited located near Blue Area. He is a regular passenger of
the Metro Bus running between Saddar Rawalpindi and Blue Area Islamabad.
2. On 01-06-2019, he traveled from Saddar Metro Station and was found in an unconscious
state in the woods near the IJP Metro Station around 9:30 p.m. He was taken to the
Pakistan Institute of Medical Sciences (PIMS) where he died due to non-survivable
injuries.
3. On July 8, 2019, the police took into custody a 30-year-old man named Hassan Khan
from IJP Road, Police Check Post as per information from their informer. On checking, a
pistol and a metallic rod were recovered from Hassan Khan. FIR No.22/19 was lodged by
Police against Hassan wherein he was charged under section 302 PPC for three counts of
murder and section 324 PPC for multiple counts of causing injury to cause death. The
accused is a habitual offender and previously convicted by courts. Police took him before
the Magistrate who allowed physical remand for 7 days. Hassan was sent to Adiala Jail,
Rawalpindi.
4. During the police investigation, it was found that the accused had tried to snatch the cash
and cell phone from the deceased Usman Ali near the IJP Metro Station. During
snatching
the deceased resisted, and as a result, the accused smashed his head against the wall and
stabbed him multiple times with a metal rod. He found him lying in a pool of blood. He
carried the deceased to woods near the green belt and ran away.
5. The accused also got some injuries during snatching. DNA and blood samples collected
from the site of the crime and the victim's body were compared with the suspect's
samples. A button on the accused's shirt was also found near the crime scene. Usman’s
cell phone was recovered from a person named Adil Khan from Rawalpindi. He told the
police that he bought it from Hassan Khan. A few people saw the accused in the Metro
Bus and few people noticed him near the IJP Metro Station but no one saw him during
the commission of the offence. Out of the other witnesses, two witnesses who were
passing by near the IJP Metro Station stated that they heard the struggles and cries of a
man but did not see the accused due to darkness.
6. Forensic Surgeon, Dr. Danish who conducted the post-mortem stated about 20 injuries in
the body and concluded that the death was mainly the result of joint injuries No. 1 & 2.
He mentioned that the first injury, “Lacerated wound with a surrounding abraded
contusion left side of the forehead, abraded contusion on the left side of the forehead
above eyebrow, abraded contusion on right side of the forehead just above the eyebrow
and contusion of the left temporalis muscle, involving its whole thickness. The second
injury is on the left side of the chest due to stabbing of metal rod and as a result lot of
bleeding resulted in anoxic brain damage." On 02-08-2019, a challan was submitted, and
the charge was framed.
7. At the conclusion of the final hearing in the trial court, the prosecution stated that this
case should be considered as a rarest of rare in the light of circumstantial evidence. The
absence of eyewitnesses not to be lacuna in awarding maximum punishment as the man
had committed the murder during snatching due to fear of arrest. On 10-10-2019, trial
had been concluded and the trial judge sentenced him to capital punishment.
8. On the appeal by the accused, The Lahore High Court Rawalpindi bench confirmed the
judgment of the trial court and maintained the death sentence awarded by the trial court.
The benefit of the doubt cannot be given to the accused for such a heinous and barbaric
offense.
The matter has been fixed before the Honorable Supreme Court of
Pakistan on the following issues:
1) Whether the circumstantial evidence and expert opinion is sufficient to convict a person
for a charge of murder and award him maximum punishment?
2) Whether the benefit of doubt can be given to accused due to absence of any witness?

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