| Case ID |
090456a1-4b52-4336-ab21-7e60f5304ebe |
| Body |
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| Case Number |
Criminal Appeal No. 17 of 1982 |
| Decision Date |
Feb 09, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan, in a significant ruling, addressed the appeal of Muhammad Rafiq, who had been sentenced to death for the murder of Muhammad Younis. The court acknowledged that a compromise had been reached between the father of the deceased, Muhammad Yousaf, and the appellant, wherein an amount of Rs. 1,50,000 was agreed upon to be paid to the heirs of the deceased. The court found this compromise to be a substantial mitigating circumstance. Consequently, the court reduced the death sentence to imprisonment for life, emphasizing the importance of reconciliation in such sensitive matters. The appellant was also granted the benefit of Section 382-B of the Code of Criminal Procedure, allowing for certain concessions in the sentencing process. This decision highlights the court's recognition of compromise and its impact on sentencing in criminal law. |
| Summary |
In the landmark case of Muhammad Rafiq vs. The State, the Supreme Court of Pakistan deliberated on the complexities of criminal law, particularly concerning the death penalty and the implications of compromise agreements in murder cases. The appellant, Muhammad Rafiq, had been convicted of murder under Section 302 of the Penal Code and sentenced to death. However, following a compromise reached with the legal guardian of the deceased, the court reassessed the circumstances surrounding the case. The decision underscored the court's commitment to justice, emphasizing the balance between legal repercussions and the human aspect of reconciliation among affected parties. This case sets a precedent in the application of mitigating circumstances, particularly in cases involving serious offenses, highlighting the evolving nature of legal interpretations in Pakistan's judicial system. It serves as an important reference for future cases involving similar legal principles and the role of compromise in the criminal justice system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN, J.,
MUHAMMAD AFZAL ZULLAH,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Mahmud All Qasuri, Advocate Supreme Court,
M. A. Qureshi, Advocate-on-Record for Appellant,
Talib H. Rizvi, Advocate Supreme Court,
Syed Ali Imam Naqvi, Advocate-on-Record for the Complainant,
M. M. Saeed Baig, Advocate Supreme Court,
S. Abid Nawaz, Advocate-on-Record for the State
|
| Petitioners |
MUHAMMAD RAFIQUE
|
| Respondents |
THE STATE
|
| Citations |
1985 SLD 234,
1985 PLD 207
|
| Other Citations |
Muhammad Bashir v. The State P L D 1982 S C 139
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
302
|