Very useful legal knowledge

1-What is meant by Wajtakkar?

Art 20 QSO Wajtakar is a witness who came across a way where he saw a person coming out of that place wherethe

incident had committed.

2010 YLR 914 :

Evidence of wajtakker is weak and infirm evidence and assumes no importance without any ocular evidence.

2- Who is chance witness?

Chance witness is a witness who was there at the scene of occurrence by chance. Normally that person would notbe

there in general routine

One who happens to be on place of occurrence by chance is called a chance witness…

Case Law

Chance witnesses can never be relied upon in a case involving capital punishment unless corroborated by independent,

impartial, non-partisan and trustworthy witness.

3- Which article deals with “Right of fair trial”? Rationale behind its enactment. When it was inserted in the constitution?

Art 10A of constitution 1973 deals with right of fair trial, Inserted by 18th amendment, on 19 April 2010.

Sec 340& 342 353 to 365 CR P C deals with fair trial

4- Difference between acquittal and discharge…

Discharge is a kind of executive order

Acquittal is judicial order

Acquittal is final order

No appeal lies against discharge

Discharge is a temporary release while acquittal is permanent release.

Discharge is the prerogative of area magistrate or police officer while acquittal is prerogative of the trial as well as

appellate and revision court.

Discharge is an administrative order on the other hand acquittal is a judicial order.

Discharge can be challenged under sec 561-A Cr.p.c

No appeal and revision lies while appeal lies to the H.C under sec.417cr.p.c and 411-A Cr.p.c if accused is acquitted.

In discharge principle of functus officio is not attracted while in acquittal it is attracted.

Discharge is done during the course of investigation while acquittal is done after the commencement of trial.

5- Whether criminal review available?

General rule is that review is not competent in criminal law but under section 369 Cr.p.c it is allowed only for correction

of clerical mistake in judgment.

6- Under what provision a charge is framed?

Sec 220, n sec 221-240 deal with charge

7- What is meant by LOC?

The border between Azad Kashmir n mqboza Kashmir is termed as LOC by India n Working boundary byPakistan

8- What is meant by working boundary?

The border between Azad Kashmir n mqboza Kashmir is termed as LOC by India n Working boundary byPakistan

9- What is retracted confession? What is its evidentialvalue?

In Retracted confession accused person steps back from his confession.

Accused does not admit in terms or in full his accusation even after confession

10- Argue bail under section 489-F or 302

Answer lies in two major parts

489-F

Cheque by whom issued.

Purpose.

Not- should be to fulfilment of an obligation or security to a loan

Business transaction

Case of a civil nature

Suit lies for rendition of accounts.

Dishonesty is not proved

The essential factors for offence under S-489 -F PPC is that the cheque must HV been issued dishonestly with

knowledge and intention that it would be dishonored on presentation and must have been issued for the return/re-

payment of loan or for the fulfillment of obligation ,mere issuance of cheque without dishonest intention and issuance of

cheque other than for the return/repayment of loan does not impose either civil liability or criminal liablity u/s 489-F PPC.

Example if one friend issues cheque another friend for encashment bcz the friend who issued cheque was busy in other

work ,hence he requested and he issued cheque in the name of his friend for encashment only , without any transaction

or agrrement between them ,hence such issuance of cheque does not amount to offence under S-489-F ppc nor it

imposes civil liability. Bcz cheque was not issued dishonestly and cheque was not issued in respect of any transaction.

Cheque was not issued for repayment of loan or fulfillment ofobligation.

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