How to Protect false Case by Your Wife Under Section 406?

If false cases under sections 406 of the Pakistan Penal Code have been filed against you by your wife, you can defend your case and at the same time file a counter case against your wife. You can also defend yourself and your family by taking the following measures:
 

1. Collect Evidence and Documents: To prove that the accusation made against you and your family is false, you will have to collect all substantial evidence that can support your claim. These pieces of evidence can be-

• Recordings of conversations.
• Evidence to prove that you have neither demanded nor have taken any dowry.
• Evidence proving that your wife moved out of the wedlock for no valid reason.
   

2. File for quashing the FIR: You can file for quashing the false FIR by the High Court. Usually, courts are reluctant in interfering with police procedure, however, if you have sufficient proof to prove your claim the court may quash the false FIR. It is recommended to take help of a good criminal lawyer for this.
    
3. Lodge an FIR against your wife for filing a false complaint: You can file an FIR against your wife for filing a false case against you and your family. If you have a proper case then the police cannot deny filing your FIR. You can also take the help of a good criminal lawyer for drafting a good complaint on your behalf so that the police cannot reject the same on any grounds. If the police still refuse to take your complaint, you can file a written complaint against the police officer with the Superintendent of Police.
    
4. File a case for restitution of conjugal rights: In case your wife has left her matrimonial house you can file a case for restitution of conjugal rights mentioning the conditions that she must agree upon before she starts living with you again.
    
5. File a defamation case: You can also file a case for defamation against your wife for affecting your image negatively by filing a false  case against you.

  

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Bail Granted in 25-D 506

 Reference is in the Post Arrest Bail Judgement Sheet of Lahore High Court. https://sys.lhc.gov.pk/appjudgments/2014LHC2902.pdf

It is remarked that when an offence is also punishable with fine only, accused shall be entitled to bail as of right because if at the trial he is only sentenced with fine, period as under trial prisoner due to refusal of bail shall amount to a case of double jeopardy.

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25D Telegraph Act is bailable offence

 25D Telegraph Act is bailable offence

ٹیلی گراف قانون کی دفعہ 25ڈی ایک قابل ضمانت جرم ہے ۔۔۔۔ شکریہ
Outside Prohibitory Clause - Bail granted
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S.497(2). Accused involved and nominated in FIR for offences u/ss 25D, Telegraph Act and 506, PPC but found not guilty during investigation and alleged to be habitual offender involved in as many as three other cases released on Bail as the offences u/ss 25D, Telegraph Act and 506, PPC did not fall within prohibitory clause of S-497(1) and case against accused required further inquiry u/s 497(2).
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[(NLR) 2015-CrLJ-665] October
reference from my Compilation
all-Pakistan Bail Referencer 2016

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Principle's of Law in Law

It is the salutary principle of law that if a provision can be interpreted in two different manners, then the one which favours an accused is to be adopted. 2021 YLR 1959 Lahore

 It is well settled principle of law that if a party does not claim some specific issue, then the plea, if any, stands abandoned. 2021 CLC 612 Lahore

It is again well established position of law that proof of execution is not synonymous with regard to prove contents thereof, but in addition to substantiate construction of that document, the beneficiary is bound to lead primary, direct, affirmative or secondary/circumstantial internal evidence as the case may be, to establish the genuineness and its truthfulness as well. 2021 YLR 677

it is settled principle of law that the prosecution has to stand on its own legs. It was for the prosecution to prove the charge beyond any shadow of doubt. Moreover, the prosecution cannot take any benefit of weakness of defence plea. The learned trial court was not justified in convicting the appellants while basing upon such un-trustworthy, un-corroborated evidence and conviction passed by the learned trial court in the circumstances is against all cannons of law recognized for the dispensation of criminal justice. As per dictates of law, benefit of every doubt is to be extended in favour of the accused. 2016 LN 872,2017 Cr.C (Lah) 194 (DB)

It is also settled principle of law that severe the punishment, greater is the care to be taken to see that all safeguards provided in a statute are strictly followed.
2017 PCrLJ 1634 Lahore

It is golden principle of law that the Court should let off 100 guilty but should not convict one innocent person.
2016 YLR 2589 (DB)

 It is a settled principle of law that if two views are possible, then the former shall prevail over the latter. 2016 PCr.LJ 888 (DB)

Reference: https://data.lhc.gov.pk/reported_judgments/judgments_approved_for_reporting open judgement uploaded date from 2015 till date

 

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Supreme Court SC judgement defines criteria for audio and video evidence

In its judgement on the video tape, involving suspended accountability court Judge Arshad Malik, the Supreme Court cited a number of case law in which an audio or video was either discussed or admitted in evidence subject to fulfillment of certain conditions.

The three-member bench’s ruling authored by Chief Justice Asif Saeed Khosa referred to at least 17 case law in this connection.

There were five judgements in which the admissibility of an audio tape or video in evidence before a court of law and the mode and manner of proving the same have been discussed in Pakistan and abroad. It, advantageously, recorded a summary of the case law chronologically.

Some 12 reported cases were referred to in the ruling in which a video recording or footage was held to be admissible in evidence upon fulfillment of some conditions.

According to the decision, the precedent cases showed that in the matter of proving an audio tape or video before a court of law, some 21 requirements are insisted upon.

One of them is that the person recording an audio tape or video may be a person whose part of routine duties is recording of an audio tape or video and he should not be a person who has recorded the audio tape or video for the purpose of laying a trap to procure evidence.

Another requirement is that no audio tape or video can be relied upon by a court until the same is proved to be genuine and not tampered with or doctored. A forensic report prepared by an analyst of the Punjab Forensic Science Agency, in respect of an audio tape or video is per se admissible in evidence in view of the provisions of Section 9(3) of the Punjab Forensic Science Agency Act, 2007.

Under Article 164 of the Qanun-e-Shahadat Order, 1984, it lies in the discretion of a court to allow any evidence becoming available through an audio tape or video to be produced.

Yet another requirement is that even where a court allows an audio tape or video to be produced in evidence such audio tape or video has to be proved in accordance with the law of evidence. Accuracy of the recording must be proved and satisfactory evidence, direct or circumstantial, has to be produced so as to rule out any possibility of tampering with the record.

An audio tape or video sought to be produced in evidence must be the actual record of the conversation as and when it was made or of the event as and when it took place. The person recording the conversation or event has to be produced.

Another requirement is that the person recording the conversation or event must produce the audio tape or video himself. The audio tape or video must be played in the court. An audio tape or video produced before a court as evidence ought to be clearly audible or viewable. The person recording the conversation or event must identify the voice of the person speaking or the person seen or the voice or person seen may be identified by any other person who recognizes such voice or person.

Any other person present at the time of making of the conversation or taking place of the event may also testify in support of the conversation heard in the audio tape or the event shown in the video. The voices recorded or the persons shown must be properly identified.

The evidence sought to be produced through an audio tape or video has to be relevant to the controversy and otherwise admissible. Safe custody of the audio tape or video after its preparation till production before the court must be proved. The transcript of the audio tape or video must have been prepared under independent supervision and control.

Yet another requirement is that the source of an audio tape or video becoming available has to be disclosed. The date of acquiring the audio tape or video by the person producing it before the court ought to be disclosed by such person.

An audio tape or video produced at a late stage of a judicial proceeding may be looked at with suspicion. A formal application has to be filed before the court by the person desiring an audio tape or video to be brought on the record of the case as evidence.

 

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Supreme Court of Pakistan Latest Case Laws and Judgement

 Hi, You can access Latest Case Laws and Judgement of Supreme court of Pakistan from the link below:-

https://www.supremecourt.gov.pk/downloads/?wpdmc=research-center-publications

Here are different Case laws and Judgement sheet updated from time to time on regular basis. 

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Latest Judgement sheet of Lahore High Court

 Judgement is the decision of court with the reasons behind the courts view in any case. It may be a complete explanation of facts and laws the court met with on that particular case.

Here is the link of Latest Judgement sheet of Lahore High Court or https://data.lhc.gov.pk/reported_judgments/judgments_approved_for_reporting from where we can download latest judgement of any case or we can read in short summary of the any case using tag line words. These are also named as latest judgement reported.

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