MEHTAB alias METHOO vs State Ss — 2023 MLD 327 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 327 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: MEHTAB alias METHOO vs State Ss
Subject matter: Criminal
Provisions referred to: S. 464---L; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MEHTAB alias METHOO VS State Ss. 457 & 380----Criminal Procedure Code (V of 1898), S. 464---Lurking house trespass or house breaking by night in order to commit offence punishable with imprisonment, theft in dwelling house---Appreciation of evidence---Mentally ill under trial prisoner was charged for committing theft in the dwelling house of complainant---Record showed that the Trial Court found that the accused seemed to be a patient of mental illness, a letter was sent to the Superintendent Jail for medical examination of the accused and the case was adjourned---On the said date, no report was received from the Superintendent Central Jail, and the case was fixed for another date, on which date the charge was framed against the accused/petitioner to which he pleaded guilty and confessed his guilt and on the same date he was convicted and sentenced---Neither the petitioner was sent to the Medical Board, nor any report was received from the Superintendent Central Jail---Trial Court did not keep in mind the fact of unsoundness of mind and incapability of the petitioner to defend his case---Course adopted by the Trial Court was not only contrary to law but had also prejudiced the petitioner---Petition was allowed by setting aside the impugned judgment and case was remanded to the Trial Court with the direction to decide the question of unsoundness of mind of the petitioner and incapacity to defend his case first and proceed with the matter thereafter.

Other judgments reported in 2023 MLD

2023 MLD 226 QUETTA-HIGH-COURT-BALOCHISTANBAHADUR KHAN VS MUHAMMAD ANWAR S. 115---Revisional jurisdiction of High Court---Scope---Though scope of revisional jurisdiction is limited b…
2023 MLD 226 QUETTA-HIGH-COURT-BALOCHISTANBAHADUR KHAN VS MUHAMMAD ANWAR Fatwa---Proof---Fatwa cannot be relied unless its authority/ signatory is produced in Court and is subjected…
2023 MLD 1131 KARACHI-HIGH-COURT-SINDHKARACHI CABLE SERVICES (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary Ministry of Information S. 30--- Cable operators---Show cause…
2023 MLD 989 KARACHI-HIGH-COURT-SINDHWASEEM AKRAM VS Mst. ASMA S. 25a---Transfer of cases---Scope---applicant/defendant (husband) sought transfer of suit for maintenance from on…
2023 MLD 742 KARACHI-HIGH-COURT-SINDHSANWAL alias CHARYA VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Safe custody of crime empties---Scope-…
2023 MLD 1086 QUETTA-HIGH-COURT-BALOCHISTANPERVAIZ VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Mitigating circumstances---No pre-mediation…

Back to the case-law library · Search Pakistani case law in Urdu or English