| Case ID |
16b85422-5c0c-4953-9d49-6f97d3ee0845 |
| Body |
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| Case Number |
Criminal Appeals Nos.86/K of 2000 and Jail Crimina |
| Decision Date |
Oct 22, 2001 |
| Hearing Date |
Oct 22, 2001 |
| Decision |
The Federal Shariat Court addressed two connected appeals stemming from a conviction under sections 302 and 307 of the Penal Code, where the appellants were sentenced to life imprisonment and additional punishments. However, during the appeal process, a compromise was reached between the accused and the heirs of the deceased, verified by the trial court. The court accepted this compromise, allowing the minors' shares of Diyat to be deposited in a bank until they reached adulthood, and ordered the appellants to be released on bail under specified conditions. The court emphasized the importance of genuine reconciliation and legal provisions for the minors involved. |
| Summary |
This case involves the Federal Shariat Court's decision on Criminal Appeals Nos. 86/K of 2000 and Jail Criminal Appeal No. 3/K of 2001, where the appellants were initially convicted for serious offenses under the Penal Code. The court's ruling highlights the significance of compromise in criminal proceedings, especially when minors are involved. The appellants' convictions were challenged, leading to a settlement with the legal heirs of the deceased, which was validated by the trial court. The court's acceptance of this compromise reflects a broader trend in legal practices that prioritize restorative justice and reconciliation over punitive measures. The decision also outlines the procedural aspects concerning Diyat (blood money) for minors, emphasizing the need for financial safeguards until they reach maturity. This case underscores the evolving landscape of criminal law in Pakistan, focusing on human rights and the welfare of vulnerable parties. Keywords: Federal Shariat Court, criminal appeals, compromise, minors, Diyat, restorative justice. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Haji Siddique,
Mashoo Kohli
|
| Judges |
CH. EJAZ YOUSAF,
ALI MUHAMMAD BALOCH
|
| Lawyers |
Muhammad Bakhsh Samoon for Appellants (in Criminal Appeal No.86/K of 2000),
Mrs. Saleha Naeem alias Ghazala for Appellants (in Jail Criminal Appeal No.3/K of 2001),
Fazal ur Rehman Awan for the State
|
| Petitioners |
Loung and others
|
| Respondents |
THE STATE
|
| Citations |
2002 SLD 985,
2002 PCRLJ 740
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
307,
309,
310,
397,
17(4),
345
|