| Case ID |
38203412-3b16-407e-a9c6-79041eca0658 |
| Body |
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| Case Number |
Crl. Misc. Appln. No. 693 of 2018 & Jail Petition |
| Decision Date |
Jul 30, 2018 |
| Hearing Date |
Jul 30, 2018 |
| Decision |
The Supreme Court of Pakistan considered the case regarding the conviction of Shafqat @ Shafaat under Section 302(b) of the Pakistan Penal Code for murder. The court acknowledged a compromise made by the legal heirs of the deceased, leading to the acceptance of the application for compounding the offence. It was determined that while the acceptance of the compromise does bring an end to the punishment, it does not automatically set aside the conviction or lead to acquittal. The court emphasized the importance of a larger bench to resolve the conflicting interpretations of the law regarding compounding and acquittal. The court ordered the immediate release of the petitioner-convict unless required in another case, pending further examination by a larger bench. |
| Summary |
The Supreme Court of Pakistan deliberated on the case of Shafqat @ Shafaat, who was convicted of murder under Section 302(b) of the Pakistan Penal Code. The case arose following a compromise where the legal heirs of the victim forgave the convict, leading to an application for the compounding of the offence. The court acknowledged the significance of forgiveness in Islamic jurisprudence but clarified that such forgiveness does not erase the conviction. The ruling emphasized the need for a larger bench to address the implications of compounding and the automatic acquittal of convicts. This decision is crucial for understanding the legal framework surrounding murder cases and the role of forgiveness in the judicial process. The court also highlighted the distinction between ending punishment and erasing a conviction, which has far-reaching consequences for future cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Gulzar Ahmed,
Qazi Faez Isa,
Yahya Afridi
|
| Lawyers |
Mr. Arshad Ali Chaudhry, AOR,
Ch. M. Sarwar Sidhu, Addl.P.G., Punjab
|
| Petitioners |
Shafqat @ Shafaat
|
| Respondents |
State
|
| Citations |
2019 SLD 2357,
2019 PLJ 323
|
| Other Citations |
PLD 1995 SC 423,
1999 SCMR 2883,
AIR 1959 SC 519
|
| Laws Involved |
Pakistan Penal Code, 1860,
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
34,
302,
302(b),
309,
310,
338(E)(G)(F),
184(3),
345,
345(1)(6),
544A
|