| Case ID |
2d2349ae-feba-4152-922b-aa3a36ef2c5d |
| Body |
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| Case Number |
Criminal Appeal No. 81 of 2006 in Jail Petition No |
| Decision Date |
Apr 22, 2009 |
| Hearing Date |
Apr 21, 2009 |
| Decision |
The Supreme Court of Pakistan modified the appellant's death sentence to life imprisonment, citing extenuating circumstances such as the lack of strong evidence and the lengthy time the appellant had already spent in incarceration. The court maintained the conviction but acknowledged the need for a lesser penalty based on the principles of criminal justice. The evidence from eye-witnesses was deemed sufficient, but contradictions were considered insignificant, ultimately leading to a decision that balanced justice with compassion for the accused's prolonged suffering in the death cell. |
| Summary |
This case revolves around a criminal appeal regarding the conviction of an individual for the murder of two individuals, Muhammad Duraiz Khan and Nazim, at a factory. The Supreme Court of Pakistan reviewed the evidence, including witness statements, and the circumstances surrounding the case. The court noted that while the evidence was compelling, there were inconsistencies and the motive was not strong enough to uphold the death penalty. The appellant had been in prison for an extended period and was languishing in a death cell. In light of these factors, the court modified the death sentence to life imprisonment, emphasizing the importance of ensuring the principles of justice are upheld while also considering the human aspect of the accused's situation. This case underscores the critical balance between maintaining law and order and the humane treatment of individuals within the justice system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN SHAKIRULLAH,
JAN,
MUHAMMAD MOOSA KHAN LEGHARI,
MUHAMMAD SAIR ALI
|
| Lawyers |
M. Zaman Bhatti, Advocate Supreme Court for Appellant,
Syed Amanat Ali Bukhari, D.P.G, Punjab for the State
|
| Petitioners |
MUHAMMAD ATTIQUE
|
| Respondents |
THE STATE
|
| Citations |
2011 SLD 2226,
2011 SCMR 1378
|
| Other Citations |
Mst. Bevi v. Ghulam Shabbir and another 1980 SCMR 859
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan
|
| Sections |
302(b),
Art. 185(3)
|