| Case ID |
146282c0-9c35-4a37-b04f-e16bbe623eec |
| Body |
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| Case Number |
Crl. Rev. No. 100 of 2022 |
| Decision Date |
Jun 01, 2022 |
| Hearing Date |
Jun 01, 2022 |
| Decision |
The court maintained the conviction of the petitioner, Waqas Ahmed, for causing injuries to Kashif Shahzad, including the breaking of two teeth. The sentence under Section 337-A(iii) of the Pakistan Penal Code was altered to one under Section 334, read with Section 337-U, which pertains to the itlaf of a tooth. The court concluded that teeth are specialized organs and not bones, thus the relevant legal provisions for the offense were applied accordingly. The petitioner was liable for arsh equivalent to two-twentieths of the diyat for the loss of two teeth, which had been paid. The revision petition was dismissed with the modification of the sentence. |
| Summary |
In the case of Waqas Ahmed vs. State, the Lahore High Court addressed the intricacies of legal definitions concerning bodily harm under the Pakistan Penal Code. The case revolved around a physical altercation where Waqas Ahmed was accused of causing injuries to Kashif Shahzad, specifically breaking two teeth. The court highlighted the distinction between teeth and bones, asserting that teeth are classified as ectodermal specialized organs rather than bones. This classification influenced the application of legal penalties, with the court ruling that the appropriate punishment for the damage to the teeth should be under Section 334 of the Pakistan Penal Code, rather than Section 337-A(iii), which deals with fractures of bones. The court also emphasized the importance of understanding the nature of injuries in legal terms, reiterating that the law should reflect anatomical realities. The decision ultimately upheld the conviction while modifying the sentence to reflect the correct application of legal principles regarding bodily harm, specifically the compensation for the loss of teeth. This case serves as a significant precedent in clarifying the legal treatment of injuries to teeth in Pakistan, contributing to the evolving jurisprudence around bodily harm and legal definitions. Keywords such as 'Pakistan Penal Code', 'legal definitions', 'bodily harm', 'specialized organs', and 'compensation for injuries' are crucial for understanding this case's implications in legal discussions and future cases. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AMJAD RAFIQ, J.
|
| Lawyers |
Mr. Muhammad Danyal,
Malik Muhammad Latif,
Mr. Muhammad Younas
|
| Petitioners |
Waqas Ahmed
|
| Respondents |
State etc.
|
| Citations |
2022 SLD 2061,
2022 PLJ 1385
|
| Other Citations |
PLD 2009 Lahore 312,
2019 SCMR 516,
2000 SCMR 338,
2005 SCMR 849,
1992 SCMR 2037,
PLD 1991 FSC 186
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
337-A(iii),
337-U,
334,
337-A(i),
337-F(i),
34,
337-N,
412,
423,
435
|