| Case ID |
16d59682-a799-402d-a284-130ce3b778c4 |
| Body |
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| Case Number |
Crl. A. No. S-110 of 1998 |
| Decision Date |
Sep 16, 2006 |
| Hearing Date |
|
| Decision |
In this case, the Sindh High Court upheld the conviction of Zulfiqar Abbas for wrongful confinement under Section 220 of the Pakistan Penal Code. The court considered the arguments presented by both the appellant's counsel and the Assistant Advocate-General for the State. The evidence against Zulfiqar Abbas was corroborated by multiple witnesses who detailed the illegal detention of the complainant, Rahibdino. The court recognized the need for reformation over punishment, particularly given the appellant's status as a first offender and the potential consequences of incarceration on his future. Consequently, instead of a direct sentence, the court opted to place the appellant on probation for three years, emphasizing the importance of rehabilitation and the flexibility of the law to adapt to the needs of justice. The decision underlines a modern approach to punishment, focusing on the offender's reformation and the societal implications of incarceration. |
| Summary |
This case revolves around Zulfiqar Abbas, a police officer, who was convicted for wrongful confinement under Section 220 of the Pakistan Penal Code. The complainant, Rahibdino, was illegally detained by the appellant and was forced to pay a bribe for his release. The Sindh High Court carefully evaluated the evidence, noting that the statements of the complainant and witnesses were consistent and unchallenged due to the lack of cross-examination by the defense. The court emphasized the need for a balance between punishment and rehabilitation, citing the detrimental effects of jail on first offenders and the importance of reformation. The decision ultimately favored probation over incarceration, reflecting a progressive view on the treatment of offenders, particularly in light of contemporary societal needs. This case highlights the role of the law in not just punishing, but reforming individuals within the justice system, making it a significant point of reference in discussions around criminal justice reform, rehabilitation, and the socio-legal implications of incarceration. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
RAHMAT HUSSAIN, JAFFERI, J.
|
| Lawyers |
Mr. Nizam-ud-Din Baloch,
Mr. Habib-ur-Rehman Shaikh
|
| Petitioners |
ZULFIQAR ABBAS
|
| Respondents |
STATE
|
| Citations |
2007 SLD 3094,
2007 PLJ 437
|
| Other Citations |
Not available
|
| Laws Involved |
Probation of Offenders Ordinance, 1960,
Pakistan Penal Code, 1860
|
| Sections |
4,
5,
11,
220
|