| Case ID |
1603b734-8979-4a5a-936c-0bf998a838df |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No.99 of 1991 |
| Decision Date |
Apr 12, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court enhanced the sentence of the male accused, Falak Sher, from life imprisonment to death, emphasizing that the leniency shown to the female accused, Mst. Bakhan, due to her gender, could not be applied to him. This decision was based on the legal precedent set in Muhammad Bashir v. The State, which established the principle of enhanced sentences for serious offenses such as murder. The court also ordered that the fine levied against Falak Sher be increased to Rs. 85,000, which is to be paid as compensation to the heirs of the deceased, Manik. Failure to pay the compensation would result in further imprisonment. |
| Summary |
In this significant case from the Supreme Court of Pakistan, the court dealt with the complexities of sentencing in murder cases involving multiple accused. The case revolved around the brutal murder of two individuals, Nanik and Sarfraz, by a group including Falak Sher and Mst. Bakhan. The trial court had initially imposed varying sentences on the accused, with the female defendant receiving a lesser sentence due to her gender. The Supreme Court, however, scrutinized the rationale behind the differing sentences, ultimately deciding that such leniency could not be justified in the case of Falak Sher. The court referenced the principles established in prior case law, particularly focusing on the need for equitable sentencing regardless of gender in serious offenses. This case underscores the evolving judicial approach towards gender biases in sentencing and the importance of consistent application of justice. The ruling not only addressed the specific circumstances of this case but also set a precedent for future cases involving similar legal principles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
MUHAMMAD AFZAL LONE, JJ,
WALI MUHAMMAD KHAN, JJ
|
| Lawyers |
M. Haq Nawaz Abbasi, A.A.G. Punjab for the State.,
Ch. Muhammad Afzal Wahlah, Advocate Supreme Court,
Mehmood A. Qureshi, Advocate-on-Record (absent),
S. Abul Aasim Jaferi, Advocate-on-Record (absent) No. 1
|
| Petitioners |
RAO NAWAZ
|
| Respondents |
Muhammad Iqbal,
Mst. Bakhan,
FALAK SHER,
Adil
|
| Citations |
1992 SLD 408,
1992 PLD 435
|
| Other Citations |
PLD 1982 SC 139
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
149,
307,
324
|