Prosecution Memorial Final UCL
Prosecution Memorial Final UCL
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Table of Contents
Summing up Speech……………………………………………………………………………………………………………………….8-11
Witness Plan………………………………………………………………………………………………………………………………..12-15
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LIST OF ABBREVIATIONS
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INDEX OF AUTHORITIES
Encyclopedia Britannica 8
ECHR Article 2 10
ICCPR Article 6 10
UNHR Article 3 10
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UNU Website 10
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STATEMENT OF FACTS
Maira Khan got married to Imran Tariq 6 years ago. It was an arranged marriage. Maira’s father
was an electrical engineer and used to work at a leading telecommunication company. Imran’s
father was also an electrical engineer and worked for the same company. Their fathers knew each
other but were not exactly friends. In 2007, the company bought two rival telecommunication
companies. It was a big achievement for the company, so to celebrate the success a huge dinner
was hosted at Marriot Hotel, Islamabad. All employees were invited with families. That is where
Maira met Imran for the first time. Soon after the dinner, his family approached Maira’s mother
for my hand. Initially she was reluctant as was still in her last year of university. She was doing a
Master’s in Psychology from Quaid-e-Azam University in Islamabad. Maira planned to work for
a leading psychologist for a year and then to do an M.Phil or PhD in domestic violence related
psychology. On the other hand Imran Tariq was a mechanical engineer and working in a multi-
national construction firm. He had completed most of his education in USA. They got married in
2008. Things were quite smooth for the first two years of marriage but odd things started
transpiring after their marriage. It was mainly due to an unfortunate incident. Maira’s father was
involved in a corruption case in the company two years ago. Tariq Hassan, father of Imran Tariq
was a member of the internal inspection unit, which is tasked to investigate and report corruption
matters to the senior management abroad. Maira’s father had repeatedly asked him to brush the
matter under the carpet but my father being an upright person did not want his personal relationship
to impact his professional duties. The internal report of the company found sufficient
incriminating material against Maira’s father and as per company policy the matter was reported
to higher management. As a result, Maira’s father was fired with immediate effect last year.
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Needless to say, this had repercussions for the marriage of Imran and Maira, and they started
fighting a lot after this incident. Maira’s father had a heart attack last year and she blamed Tariq
CHARGE FRAMED
Whether crime committed by Maira Khan i.e. murder of her husband with vase and lemon malt
bottle makes her liable to punishment under section 302 of Pakistan Penal Code, 1860?
If yes, to which punishment she will be liable, Qisas or Ta’zir under the circumstances of the
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SUMMING UP SPEECH
BACKGROUND:
On the night of 31st December, 2014, some unpleasant events gave way to the murder of deceased
Imran Tariq. It has been alleged that his wife “Maira Khan” has killed her husband a few minutes
before 12.00 on the New Year’s Eve with a vase and a lemon malt bottle. During the party for New
Year, Imran Tariq and Maira Khan had a heated argument in which Maira was shouting at Imran.
Maira was also seen shouting at waiter as well and went inside of the house. Imran also seemed
upset but didn’t voice it much. A few minutes before 12, Imran went upstairs to call Maira for
cake-cutting ceremony where he was killed by his wife. These incidents had been backed by family
feud and Maira Khan’s grudges against Imran Tariq. The reason for these grudges was insult of
Maira Khan’s father due to corruption charges against him that were inspected and reported by
Tariq Hassan, father of the deceased. Witnesses to this incident is Ismail Darugar who was at the
balcony near their room and Sibtain Hassan, and Azam Tariq.
SUBMISSIONS:
Section 302 of PPC states that whoever commits qatl-e-amd shall be liable to punishment of death
or life imprisonment as ta'zir1, if the proof in either of the forms specified in Section 304 is not
available;2
Qatl-e-amd is defined in section 300 of PPC which envisages that qatl-e-amd has two elements; i)
Mental element i.e. the intention to kill the other and ii) physical element i.e. committing some act
1
“Taʿzīr crimes (discretionary crimes); their punishment is left to the discretion of the qāḍī (judge)”. Definition by
Encyclopedia Britannica
2
Section 302, Pakistan Penal Code, 1860
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that is likely to cause death of the person in normal course of events 3. However, a judgement in
2005 says that in order of constituting of qatl-e-amd, it is not necessary that injury should be caused
in order to cause death. If someone inflicts injury in order to cause bodily injury which is likely to
cause death in normal course of events, it would be murder. Injury caused on vital parts on body
such as neck, head and pericardial region may result in causing death. 4 Even if intention needs to
i) Maira’s grudge against Imran Tariq. This grudge is evident by the testimony of Sibtain Hassan
that ever since that event, Maira had been a very different person altogether. This sudden difference
had been due to that grudge as she avoided to meet Imran’s relatives. Intention is to be gathered
from the object for which injury is being caused.5 Here object seems to get the satisfaction by
hurting Imran Tariq. The urge to gain this satisfaction might not be pre-meditated, but section 300
does not provide any exception in offence of qatl-e-amd if committed due to grave and sudden
provocation.6
ii) The object claimed by accused herself being self-defense is very weak. The weapons that had
been used to kill Imran Tariq proves the intention of Maira to kill him. Had it been only for self-
defense, one weapon was enough to defend her. She did not have to use two weapons just to defend
herself. The right of private defense in no case extends to the inflicting of more harm than it is
necessary for the purpose of defense.7 The right to self-defense up to the extent of killing someone
can only be exercised if the death or grievous hurt is apprehended8. One of the judgement states;
“Law does not give an individual the right to go on repeating fire-arm shots on the aggressor after
3
Section 300 Pakistan Penal Code, 1860
4
2005, P.Cr.L.J 182.
5
2005, P.Cr.L.J 182.
6
PLD 1995, Quetta 83
7
Pakistan Penal Code, 1860, section 99; Extent to which the right may be exercised.
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Pakistan Penal Code, 1860, section 100, (First and Second conditions). And 2013 P.Cr.L.J 835
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he has been neutralized and then using axe blow on the deceased repeated by Lathi blows and
stones when the aggressor had been incapacitated”.9 In this case, similar circumstances can be seen
that accused that used two weapons for the purpose of defense which exceeded the need of defense
IHRL also establishes boundaries on domestic laws on personal self-defense. States may not
prohibit self-defense altogether, but in protecting the right to life they must also be sure that self-
defense rights do not exceed reasonable boundaries.10 Importance of Right to Life has been
Under international HR instruments, the assertion of the inherent right to life of every human being
is accompanied by an assertion of the legal protection of that basic human right and of
In this case, firstly the bat has never been recovered by the police from crime site that Maira has
claimed. So there was no weapon as to apprehend grievous injury or death to the accused.
Secondly, even if, owing to the psychological condition of the deceased, Imran was going to cause
her harm (with hands at most), the extent to which weapons had been used by Maira is excessive
to the principle of self-defense. Also, the fact that injury had been caused at back of the neck 15,
shows Imran was not in a position of causing grievous injury or death to Maira. Had she attacked
in self-defense, the injury caused by the attack should be at front. California trial court did not
grant the wife, who killed her husband while he was asleep, the right to self-defense as it did not
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2011, P.Cr.L.J 213
10
Human Rights Standards for Self-Defense between Private Persons, Jan Arno Hessbruegge; published to oxford
scholarship online
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ECHR, Article 2, Right to Life
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ICCPR, Article 6, Right to Life
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UDHR, Article 3, “Everyone has the right to life, liberty and security of person.”
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United Nations University Website (UNU), http://archive.unu.edu/unupress/unupbooks/uu25ee/uu25ee0p.htm
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Post Mortem Examination Report and Inquest Report
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find sufficient danger for her to cause the death of deceased.16 Thirdly, as Ismail Darugar testified,
after shouting there was sudden voice of hitting. This shows lack of time for Imran to go and grab
As to the claim of BWS the defense is merely allowed on the basis of the evil nature of spouse.
BWS is a deep-rooted social and psychological problem which can be rooted out from society by
collective efforts of psychologists and legalists17, however, role of psychologists should be more
than legalists, as their job leans more towards protection of human rights. Including BWS in self-
defense would lead towards the broadening of self-defense laws which becomes a human rights
There is no question whether Actus Reus exists or not? It has been established by the evidence
provided in the form of Inquest Report, Post Mortem Examination Report, Serologist Report and
Forensic Report showing the injury at lower left of neck at the back which is shown to be lacerated
and incised.19 The cause of death is shown to be these injuries on head that has been caused due to
attack with some sharp object which turns out to be lemon malt bottle and broken vase after police
investigation. Hence, this shows that attack had been attempted by Maira Khan that would lead to
CONCLUSION: Honorable court is requested to punish Maira with death or life imprisonment
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The State v. Norman, California Trial Court
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Campbell Law Review, Criminal Law - Battered Woman Syndrome: The Killing of a Passive Victim - A Perfect
Defense or a Perfect Crime? - State v. Norman, Jeffrey M. Cutler
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Supra note 9.
19
11, Inquest Report, of Investigation Officer Kaleemullah
20
Comment of Post Mortem Report.
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WITNESS PLAN
Ismail Darugar is an important witness for this case as he was the only one who was nearest to the
crime scene and could hear what has been happening in the room between Maira Khan and Imran
statement. His version of events, if accepted truth, would undermine Maira’s claim of self-defense.
Also, since Ismail Darugar has been a good friend of Imran Tariq, his statement can help in
Moreover, Ismail Darugar’s testimony has the most weight in this case as he cannot be claimed to
be an interested witness unlike other witnesses who are related by blood with the deceased.
Maira had been suffering from battered women syndrome in which it is likely that woman starts
fearing her husband or aggressor more than he causes actual harm. Statements that had been spoken
by Imran Tariq such as “you just want to spoil my party—you always do this---you are mentally
sick—even your doctor has failed to cure you” at that incident seems to be normal when he was
angry and already had a fight with Maira downstairs. Statements of these kinds spilled out in anger
does not show any motive to kill or grievously hurt the other. Same must have happened there but
Maira over reacted and attempted to kill her husband. Maira gave the statement that downstairs
Imran started quarrelling first and that she showed calmness on arrival of waiter. However,
according to the testimony of other witnesses (Azam Tariq and Sibtain Hassan), Maira shouted at
that waiter. However, calmness has been shown by Imran Tariq even after that heated argument
when he seemed upset but did not voice it and was seen mostly hanging around with friends.
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How this Witness Fits into my Theory of the Case?
Testimony of Ismail Darugar would undermine the statement of accused that she had been acting
in self-defense. Ismail Darugar being a neutral observer there can tell whether Imran Tariq’s voices
were so fearful as to grievously hurt or cause death of Maira Khan that she had to react so fiercely
as to cause his death. So Darugar’s testimony would help in establishing the intention of Maira of
1) Imran’s attitude at that time was not as fiercely so as to cause death or grievous harm to the
accused.
2) Proving that Maira’s statement was exaggerated in telling that Imran wanted to kill him.
3) Maira’s pre-meditated intention to kill Imran evident from the statement “I want to end it” and
4) Proving Maira’s claim of self-defense a weak one as there was too little time for deceased to
go and grab the bat between the arguments and killing. After what Imran said to Maira, she too
suddenly reacted by saying “I want to end it” to give time to Imran to go and grab a bat in order
to hurt her.
the exact situation as there are no eye-witnesses so Maira would have to be cross-examined despite
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1) Prosecution wants to point out the fallacies in Maira Khan’s statement. The statements of Sibtain
Hassan and Azam Tariq are contradicting Maira Khan’s statement when Azam Tariq and Sibtain
Hassan said that Maira was shouting at the waiter while Maira said that she was relieved at the
2) Also, Sibtain Hassan testified that Maira’s attitude had been totally different after what has
happened to her father in those unfortunate circumstances as has been mentioned in the facts.
While Maira claims that it was Imran’s attitude towards her migraine attack that lead to quarrel,
what Sibtain Hassan witnessed was totally different. He saw that Maira was upset that Imran’s
father “Tariq” was not willing to invite her father personally and she has been constantly
pointing towards him. He also testified that Imran took the initiative and invited Maira’s father.
During all this scenario, Imran’s attitude was seen very calm and controlled despite being upset
due to Maira’s behavior in the party in front of everyone. Prosecution wants the truth of this
3) Then another thing need to be asked from Maira to prove the contradiction within her statement
is that she said to Imran that she’ll be downstairs before the cake-cutting ceremony. However,
what was seen was different. She wasn’t there by herself and Imran had to go and see why she
1) These contradictions in Maira’s statements show that Maira’s testimony is very weak and court
cannot rely upon her testimony as has been shown from collected evidence too. (No bat has been
2) These fallacies and contradictions would render the claim of her self-defense very weak as her
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3) Extracting the fact from Maira herself about her being upset due to refusal of Tariq Hassan to
invite her father to the party, would prove that series of events would lead towards Maira’s
intention to kill Imran Tariq. That series of events include, Maira being upset which leads to
heated argument between Imran and herself. That argument leading her to go upstairs and
preparing her mind to kill Imran Hassan. Her statement in argument there “I want to end this”
depicts that preparation and she then ultimately attempts to kill her to its success.
Hence, all the criterion of convicting Maira would then be fulfilled i.e. Mensrea and Actus Reus.
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