Pairokar

Mens rea  (intention) and  actus rues  (action) are the two constituents of any crime as opposed to the mental state of the accused. The Supreme Court has, however, made it abundantly clear in some of the decisions that if the clinching circumstantial evidences are available to establish the intention of the accused to have committed the crime, the accused can be punished. This has been emphatically stated in the recent case of ‘ Sukhpal Singh vs State of Punjab ’. The case, in brief, is that upon discovery of an unidentified body near a canal bank, the case was registered and upon investigation the petitioner along with another came to be charged with the offence of murder. The trial Court convicted the petitioner but acquitted the co-accused. The High Court has affirmed the conviction. In the Supreme Court, the petitioner contended that there was absolutely no motive for him to commit the murder. Needless to say, in a case of circumstantial evidence, m...

The entire nation is seething with the rage over the dastardly killings of more than 40 CRPF Jawans in Pulwama near Sri Nagar. But the television debates on channels further aggravate the grief and tragedy, when we see that some of the participants hold brief even for enemies. Although this country has been replete with treacherous fifth columnists from time immemorial that have stabbed in the backs of the patriotic forces, yet today we find was unthinkable in the olden days. The intellectual dishonesty is at its peak. These people shamelessly justify their anti-national activities and provide grist to the terrorists. There is hardly any doubt that these homegrown terrorists get full support from outside. It is an unconcealed fact that Pakistan is a rogue and bankrupt state. It has no money to spend on any developmental projects. Whatever money is received from the people that go to the Army and the people are condemned to live in abject poverty. Feudal lords, corrupt bureaucrats, ...