| Case ID |
5c77cb5c-c882-41cb-a3d7-73f7ca9ae587 |
| Body |
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| Case Number |
Criminal Appeal No. 189 of 1987 |
| Decision Date |
Jan 09, 1988 |
| Hearing Date |
Jan 09, 1988 |
| Decision |
The appeal filed by the State seeking enhancement of the sentence awarded to Muhammad Asghar was dismissed. The Supreme Court held that the trial court had committed no legal error in sentencing the respondent to 10 years rigorous imprisonment and a fine under sections 377 and 304, Part II of the Pakistan Penal Code. The court concluded that the act committed was sodomy, which resulted in the unfortunate death of an 8-year-old boy, Abbas Ali. It was noted that the respondent was only 16 years old, and the court found no compelling reason to impose the maximum sentence. The sentences were ordered to run concurrently and the appeal was dismissed as no case for interference was established. |
| Summary |
The case revolves around a criminal appeal concerning Muhammad Asghar, accused of committing sodomy against an 8-year-old boy, Abbas Ali, resulting in the child's death. The Supreme Court of Pakistan upheld the trial court's decision, affirming the sentencing under sections 377 and 304 of the Penal Code. The court emphasized the importance of considering the age of the accused and the circumstances surrounding the case, ultimately concluding that while the act was heinous, the maximum sentence was not warranted. This case touches upon significant legal principles regarding juvenile offenders, sexual offenses, and the judicial process in Pakistan, highlighting the balance between justice for the victim and the rights of the accused. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
SHAFIUR RAHMAN
|
| Lawyers |
Khalil Ramdey
|
| Petitioners |
THE STATE
|
| Respondents |
MUHAMMAD ASGHAR alias PAPPU
|
| Citations |
1988 SLD 2718,
1988 SCMR 1648
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Special Courts for Speedy Trials Ordinance (II of 1987)
|
| Sections |
377,
304,
12
|