| Case ID |
324a95a2-1157-46b9-a728-27043f6b805b |
| Body |
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| Case Number |
Criminal Appeal No. 1 of 1957 |
| Decision Date |
Mar 04, 1957 |
| Hearing Date |
Jan 24, 1957 |
| Decision |
The Supreme Court of Pakistan held that the appellate court's powers to impose a sentence are not limited by the sentencing powers of the Magistrate who acquitted the accused. In this case, the appellant, Muhammad Munir, was initially acquitted by a Magistrate of the Second Class for theft. However, upon appeal, the High Court convicted him and sentenced him to one year's rigorous imprisonment, which exceeded the maximum six-month sentence that the Magistrate could have imposed. The court ruled that the appellate court could impose a harsher sentence based on the law, regardless of the previous court's limitations. The decision emphasized that while legally permissible, it is preferable for appellate courts to adhere to the expectations set by the trial court's sentencing powers, except in extraordinary circumstances. The appeal was dismissed as the court found no grounds for interference. |
| Summary |
This case addresses the principles surrounding the appellate powers of courts in Pakistan, particularly in relation to sentencing after an acquittal. The Supreme Court clarified that appellate courts are not bound by the sentencing limits of the trial courts. This ruling is crucial for legal practitioners and defendants alike, as it establishes the ability of higher courts to impose more severe penalties than those available to lower courts. The case involves key legal provisions from the Criminal Procedure Code, making it a significant reference point for future cases dealing with appeals from acquittals. The decision underscores the importance of judicial discretion and the potential for appellate courts to reassess the severity of crimes based on the facts presented. Key trending keywords include appellate court, acquittal, sentencing powers, criminal law, and judicial discretion. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR, C.J.,
M. SHAHABUDDIN, A.R.,
CORNELIUS,
MUHAMMAD SHARIF,
AMIRUDDIN AHMAD
|
| Lawyers |
M. Ismail Bhatti, Advocate,
Faiz Muhammad, Advocate General,
M. Z. Kitchlew, Advocate
|
| Petitioners |
MUHAMMAD MUNIR
|
| Respondents |
THE STATE
|
| Citations |
1957 SLD 59,
1957 PLD 143
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code
|
| Sections |
423(1)(a),
439(3)
|