| Case ID |
38cc0537-bb76-4ff3-9c3f-1e98333b5198 |
| Body |
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| Case Number |
Criminal Appeal No. 88 of 1979 |
| Decision Date |
Jun 07, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan altered the conviction of the appellant, Muhammad Yaqoob, from Section 302 of the Penal Code to Section 304(1), acknowledging that while the appellant acted in self-defense against the deceased, he exceeded the limits of that right. The court noted the circumstances surrounding the case, including the appellant's young age of 15 years at the time of the incident and the nature of the injuries inflicted on the deceased, suggesting a possible sexual assault rather than a theft motive. Given that the appellant had already served approximately 10 years in jail, the court ruled that the sentence should be reduced to the time already served, allowing for his immediate release unless he was wanted in any other case. |
| Summary |
In the landmark case of Muhammad Yaqoob vs The State, the Supreme Court of Pakistan examined the nuances of self-defense under the Penal Code. The case revolves around a tragic incident where a young boy, Muhammad Yaqoob, only 15 years old at the time, was accused of murdering Muhammad Bashir. The court considered the context of the case, including the background of the accused and the deceased, the nature of the injuries inflicted, and the circumstances leading to the incident. The court acknowledged that the appellant was acting in self-defense against an alleged sexual assault but recognized that the force used was excessive. This decision highlights the complexities of self-defense claims, particularly in cases involving minors and allegations of sexual violence. The ruling serves as a significant precedent in criminal law, emphasizing the need for context in determining the appropriateness of defensive actions. This case has implications for future self-defense claims, particularly involving young individuals and sensitive circumstances. The decision was rendered on June 7, 1983, and has been cited in subsequent legal discussions regarding self-defense and culpable homicide. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Nasim Hasan Shah
|
| Lawyers |
Muhammad Sadiq Waraich,
K. E. Matti
|
| Petitioners |
Muhammad Yaqoob
|
| Respondents |
The State
|
| Citations |
1983 SLD 481,
1983 SCMR 969
|
| Other Citations |
P L D 1953 F C 93
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
304(1)
|