| Case ID |
0fa6a169-efe5-4c80-9b4c-22a254e8f536 |
| Body |
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| Case Number |
Cr. A. No. 251-P of 2016 |
| Decision Date |
Jun 13, 2018 |
| Hearing Date |
|
| Decision |
The appeal was considered in light of the provisions of the Criminal Procedure Code regarding abatement upon the death of the appellant. It was determined that the sentence of imprisonment abates upon death; however, the sentence of fine remains actionable against the estate of the deceased. The Court upheld the conviction for the fine imposed, as it does not affect the person but rather the estate of the deceased. The appeal regarding the sentence of imprisonment was abated, but the conviction and sentence of fine were maintained. The ruling emphasized the importance of protecting the rights of minor victims and ensuring that justice is served even in the event of the accused's death. |
| Summary |
This case revolves around the conviction of Muhammad Arshad under the Khyber Pakhtunkhwa Child Protection and Welfare Act for sexual abuse against a minor. The Court addressed the legal implications of the accused's death during the appeal process, specifically focusing on the provisions of Section 431 of the Criminal Procedure Code, which stipulates that the appeal will abate concerning imprisonment but not regarding the fine. The decision upheld the conviction for the fine, highlighting that financial penalties can be pursued against the estate of the deceased. This case underscores the judicial commitment to safeguarding children's rights and ensuring that justice prevails in sexual abuse cases, even posthumously. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Ishtiaq Ibrahim,
Muhammad Arshad
|
| Lawyers |
Sohail Akhtar,
Malik Akhtar Hussain,
AAG,
Naveed Akhtar,
Muhammad Ashfaq Afridi
|
| Petitioners |
Not available
|
| Respondents |
The State,
Another
|
| Citations |
2018 SLD 2619 = 2018 PCRLJ 1513
|
| Other Citations |
Dr. Ghulam Hussain v. The State 1971 SCMR 35,
Govindrajalu and others v. State of Mysore AIR 1962 Mysore 275 (V 49 C 83),
Sm. Vidya Devi v. State AIR 1957 Allahabad 20 (V 44 C 2 Jan.),
Dilbar Sher and others v. The State NLR 1998 Criminal 112
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat (10 of 1984),
Khyber Pakhtunkhwa Child Protection and Welfare Ordinance (II of 2010)
|
| Sections |
431,
19,
2(1)(Y),
53
|