| Case ID |
31b473ff-cd85-4697-ac49-ca2574a822ee |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.53 of 198 |
| Decision Date |
Apr 18, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the Lahore High Court's judgment, which had altered the death sentence of Wilson Masih to life imprisonment. The High Court considered the mitigating circumstances, particularly the age of the accused at the time of the incident, which was 16.5 years, and the unclear immediate cause of the occurrence, as no witnesses could confirm the motive behind the murder. The court upheld that the High Court's decision was justified, and no grounds for enhancement of the sentence were found. |
| Summary |
In the case of Criminal Petition for Leave to Appeal No.53 of 1988, the Supreme Court of Pakistan addressed the appeal regarding the alteration of a death sentence to life imprisonment for the accused, Wilson Masih. The Court considered significant factors, including the accused's age, which was only 16.5 years, and the lack of clear motive established by eyewitness accounts. The judgment highlighted the importance of mitigating circumstances in sentencing, particularly in cases involving young offenders. The legal principles surrounding the Penal Code's provisions, particularly Section 302, were examined in detail, along with constitutional considerations under Article 185(3). The case underscores the judiciary's responsibility to balance justice with compassion, especially when the accused is a minor, and reflects on the challenges of establishing motive in violent crimes. This case serves as a precedent for future cases involving similar circumstances, emphasizing the need for thorough examination of all evidence and the context of the crime. Keywords such as 'Supreme Court', 'Pakistan', 'Criminal Law', 'Mitigating Circumstances', 'Death Sentence', and 'Youth Offenders' are crucial for understanding the implications of this ruling in the broader context of criminal justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVID IQBAL,
GHULAM MUJADDID,
SAAD SAOOD,
MEHTAB
|
| Lawyers |
Ch.Ghulam Murtaza,
Iqbal Ahmad Oureshi
|
| Petitioners |
Wilson Masih
|
| Respondents |
JAVID IQBAL GHULAM MUJADDID,
SAAD SAOOD
|
| Citations |
1990 SLD 655,
1990 SCMR 507
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 11360),
Constitution of Pakistan (1973)
|
| Sections |
302,
185(3)
|