| Case ID |
0a876144-2d1f-42da-9386-623dfe9e8882 |
| Body |
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| Case Number |
Criminal Miscellaneous Application No.216 of 2007 |
| Decision Date |
Nov 28, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court modified the death sentence awarded to the petitioner Muhammad Ilyas, who was convicted for the murder of his daughter. The court recognized that the only legal heir of the victim, the mother, had forgiven the petitioner, leading to a decision that the case fell under section 306(c) of the Penal Code, thereby not liable to Qisas. The court imposed a sentence of imprisonment for a term extendable to 14 years under section 308, in addition to the liability of payment of Diyat to the victim's mother. The court emphasized the importance of forgiveness in the context of such cases and the application for compromise was granted, modifying the previous judgments accordingly. |
| Summary |
In the landmark case of Muhammad Ilyas vs. The State, the Supreme Court of Pakistan addressed critical issues surrounding Qisas and Diyat under the Penal Code. This case exemplifies the intersection of law and compassion, where the court recognized the mother’s forgiveness as a significant factor in the judicial process. The petitioner, convicted of murdering his daughter, was initially sentenced to death. However, following a compromise initiated by the victim's mother, who forgave him in the name of Almighty Allah, the court modified the sentence. This case highlights the legal provisions of sections 302, 306, and 308 of the Penal Code, illustrating how forgiveness can influence legal outcomes. It serves as a profound example of how the law can accommodate familial reconciliation while still upholding justice. Keywords: Qisas, Diyat, forgiveness, Supreme Court of Pakistan, Penal Code, Muhammad Ilyas, legal heir, compromise. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR, C.J.,
IJAZ-UL-HASSAN KHAN,
MUHAMMAD MOOSA K. LEGHARI, J.
|
| Lawyers |
Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner,
Ch. Munir Sadiq D.P.G. for the State
|
| Petitioners |
MUHAMMAD ILYAS
|
| Respondents |
THE STATE
|
| Citations |
2008 SLD 1596 = 2008 SCMR 396
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
306,
308,
185(3)
|