Law: Qanun-e-Shahadat (10 of 1984)

Section: 20,46A,78A,164

Law: Constitution of Pakistan, 1973

Section: 10A

Law: Anti Terrorism Act, 1997

Section: 7

Law: Electronic Transactions Ordinance, 2002

Section: 29

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 20---Criminal trial---Facts forming cause of the facts in issue---Scope---Where there are two parts of occurrence and first part of the occurrence is precursor in continuity to the second; such both occurrences are inseverably linked to each other, therefore, can be validly taken into consideration in view of the space provided under Art. 20 of Qanun-e-Shahadat,1984. (b) Criminal trial--- ----Court, duty of---In absence of whole truth, the Court must not be deterred by incompleteness of the tale from drawing the inference that properly flow from the evidence and circumstances. Syed Ali Bepari v. Nibaran Mollah and others PLD 1962 SC 502 rel. (c) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 164, 46-A & 78-A---Electronic Transactions Ordinance (LI of 2002), S. 29---Evidence through modern devises---Court invested with wide powers under Art. 164, Qanun-e-Shahadat, 1984, to make use of evidence generated by modern devices and techniques---Procedure to receive such evidence has been smoothened by the provisions of Arts.46A & 78A of Qanun-e-Shahadat, 1984, as well as provisions of Electronic Transactions Ordinance, 2002, subject to restrictions/ limitations provided therein. Ishtiaq Ahmed Mirza and 2 others v. The Federation of Pakistan and others Constitutional Petitions Nos. 10, 11 and 12 of 2019 rel. (d) Constitution of Pakistan--- ----Art. 10-A---Anti-Terrorism Act (XXVII of 1997), S. 7---Act of terrorism---Due process of law and right to fair trial---Scope---Sentencing offenders is a judicial province--- Accused of the most heinous or gruesome offence is entitled as of right to a fair trial by a tribunal designated by law with a meaningful opportunity to vindicate and defend his position both before prosecuting authority as well as the Court---Collective human wisdom, since times immemorial has not been able to evolve a better or more humane procedure to prosecute and convict offenders other than due process of law, with procedural safeguards under the Constitutional guarantees of fair trial, to hand down sentences mandated thereunder on the preponderance of legal evidence without compromising on the principle…

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