| Case ID |
261037e1-6b45-423d-92e9-43e54a6ce3ca |
| Body |
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| Case Number |
Cr. P. S. L. A. No. 294/1981 and Cr. P. S. L. A. N |
| Decision Date |
Feb 17, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in both petitions after finding that substantial questions of law had been raised. The case involved the conviction of Abdul Rashid and others for serious offenses, including murder, where the trial court sentenced them to life imprisonment and other terms. The High Court altered their convictions and sentences, which led to the appeals. The court emphasized the need for a thorough examination of the legal issues, particularly regarding the nature of the convictions and the appropriateness of the sentences imposed. |
| Summary |
In the landmark case of Abdul Rashid vs. The State, the Supreme Court of Pakistan addressed critical legal questions surrounding the convictions of multiple defendants involved in a violent incident resulting in death. The initial trial led to life sentences under various sections of the Penal Code, which were contested upon appeal. The High Court's alteration of convictions raised questions about the legality of enhancing sentences without a proper basis, invoking significant legal precedents including Dalmir v. State. This case highlights the intricate balance between judicial discretion and statutory mandates, ensuring that justice is served while upholding constitutional protections. Legal representatives argued for the defendants' innocence and challenged the High Court's decision, emphasizing the need for clear legal standards in sentencing. The Supreme Court's decision to grant leave for appeal underscores the importance of addressing substantial legal questions in the pursuit of justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH,
SHAFIUR REHMAN,
M. S. H. QURESHI
|
| Lawyers |
Nemat Ullah Khan,
Zafar Pasha Chaudhry,
Iqbal Ahmed Qureshi,
Mehmood A. Qureshi
|
| Petitioners |
ABDUL RASHID,
AHMAD ALI
|
| Respondents |
THE STATE,
ABDUL RASHID AND OTHERS
|
| Citations |
1982 SLD 415 = 1982 SCMR 662
|
| Other Citations |
1970 S C M R 840,
Dalmir v. State (1970 SCMR 840)
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
Art. 185(3),
Ss. 307/149,
Ss. 325/149,
S. 423(1)(b)
|