| Case ID |
30da5230-3580-4d20-89cf-49047fa4ecc3 |
| Body |
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| Case Number |
Criminal Appeals Nos. 47 and 48 of 1963 |
| Decision Date |
Oct 15, 1963 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeals of Ahmad and Noor, confirming their sentences of seven years' rigorous imprisonment under sections 395 and 397 of the Penal Code. The court upheld the interpretation that mere carrying of a deadly weapon during a dacoity falls within the ambit of 'using' a deadly weapon as per section 397. The court also affirmed the legal position that even if the weapon was not actively used during the commission of the crime, the mere act of carrying it suffices to attract the minimum punishment stipulated in section 398. |
| Summary |
In the case of Ahmad and Noor v. The State, the Supreme Court of Pakistan reviewed the legal implications of carrying deadly weapons during a dacoity under the Penal Code. The appellants were convicted for their involvement in a dacoity that occurred on the night of July 30-31, 1955, where they, along with others, invaded a residence posing as police officers. The court examined the definitions and applications of sections 397 and 398 of the Penal Code, which relate to robbery and the use of deadly weapons. The ruling emphasized that the act of merely carrying a deadly weapon during such crimes falls under the definition of 'using' a weapon, warranting a minimum sentence of seven years. The court's decision reinforces the strict interpretation of laws regarding armed robbery, ensuring that individuals who carry weapons during the commission of a crime are subjected to serious penalties, thus upholding the integrity of the legal framework governing criminal acts. This case serves as a significant reference for future cases involving similar circumstances, highlighting the importance of legislative intent in criminal law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLE-AKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
Attaullah Sajjad Additional Advocate General,
M. Z. Kitchlew Advocate Supreme Court,
Ijaz Ali Attorney
|
| Petitioners |
AHMAD,
NOOR
|
| Respondents |
THE STATE
|
| Citations |
1963 SLD 467 = 1963 PLD 737
|
| Other Citations |
Sheroo v. Crown P L D 1950 Lah. 269
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
397,
398
|