| Case ID |
2eb2cfa8-8cb0-4fe0-98fe-ac7e62997d24 |
| Body |
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| Case Number |
Criminal Appeal No. 38 of 1969 |
| Decision Date |
Mar 04, 1974 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal and confirmed the sentence of transportation for life on the grounds that the appellant's procrastination contributed to the delay in the hearing of the appeal, which had been pending for over five years. The Court noted that the consistent practice is not to impose the maximum penalty of death in cases where significant time has elapsed since the occurrence of the crime, especially where the accused has had an expectation of life due to the delay. The High Court had reduced the death sentence to transportation for life, citing the lack of premeditation and the circumstances surrounding the crime. The Court upheld this decision, emphasizing that the delay in the appeal process made it inappropriate to impose the death penalty. |
| Summary |
In the case of Niaz Ahmad vs. Naim Akhtar and Another, the Supreme Court of Pakistan addressed the appeal concerning the conviction of Niaz Ahmad under sections 302, 307, and 456 of the Penal Code. The High Court had previously upheld the conviction but reduced the death sentence to transportation for life, highlighting the mitigating factors surrounding the case, including the absence of premeditation and the emotional state of the accused at the time of the offense. The Supreme Court analyzed the impact of the prolonged appeal process, which lasted over five years due to the appellant's procrastination, on the appropriateness of imposing the death penalty. The Court reaffirmed its stance of not imposing maximum penalties in cases where significant delays have occurred, thereby confirming the High Court's decision. This case illustrates the legal principles concerning sentencing in homicide cases and the importance of timely judicial proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
WAHEEDUDDIN AHMED,
MUHAMMAD GUL, JJ
|
| Lawyers |
Ijaz Hussain Batalvi, Senior Advocate Supreme Court,
Zubair, Advocate Supreme Court,
Fazali Hussain, Advocate-on-Record for Appellant,
Mahmud Ali Qasuri, Senior Advocate Supreme Court,
Major Mufti Nazar Muhammad, Advocate Supreme Court,
Siddique & Co., Advocates-on-Record for Respondent,
Saeedur Rahman Khan, Advocate Supreme Court,
Sh. Ijaz Ali, Advocate-on-Record for Respondent
|
| Petitioners |
NIAZ AHMAD
|
| Respondents |
ANOTHER,
NAIM AKHTAR
|
| Citations |
1977 SLD 125,
1977 SCMR 159
|
| Other Citations |
Ajun Shah v. The State P L D 1967 S C 185,
Ghulam Hussain v. Zainullah P L D 1961 S C 230,
Ghulam Muhammad v. Muhammad Sharif P L D 1969 S C 398,
The State v. Rab Nawaz P L D 1974 S C 74
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302
|