| Case ID |
67cf64c1-0467-4fa0-b695-73c6ddda0728 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeals Nos.138, 602 and 139 of 2005 |
| Decision Date |
May 06, 2009 |
| Hearing Date |
Apr 17, 2009 |
| Decision |
The Supreme Court granted leave to appeal for a reappraisal of the evidence in the case concerning the murder of Bashir Ahmad, where the conviction and death sentence of the female accused, Mst. Razia, were initially upheld. The Court acknowledged the strong ocular testimony provided by the child witnesses, which was corroborated by medical evidence. However, considering the welfare of the five minor children left orphaned, the Court converted Mst. Razia's death sentence into life imprisonment with the benefit of Section 382-B of the Cr.P.C. In contrast, the death sentence awarded to Manzoor Ahmad was affirmed. The Court emphasized that while the convictions were valid, the circumstances surrounding the family warranted a reconsideration of the death penalty for the mother. |
| Summary |
In the case of Mst. Razia alias Jia vs. The State, the Supreme Court of Pakistan addressed the serious charges of murder under sections 302(b) and 34 of the Pakistan Penal Code. The case involved the brutal killing of Bashir Ahmad, which was witnessed by his children. The Court evaluated the reliability of the child witnesses, aged 12 and 10, and found their testimony to be credible and consistent. After thorough examination, the Court upheld the conviction of the male co-accused while converting Mst. Razia's death sentence into life imprisonment due to the significant impact on her five children. This case underscores the importance of weighing the legal consequences against the familial and social implications of sentencing in criminal cases, especially those involving minors. The decision reflects a nuanced understanding of justice, recognizing the need for compassion in the face of tragedy, while still holding individuals accountable for their actions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
SARMAD,
JALAL OSMANY,
SAYED ZAHID HUSSAIN
|
| Lawyers |
Mr. Aftab Ahmad Bajwa, Advocate Supreme Court,
Ch. Muhammad Anwar Khan, Advocate Supreme Court
|
| Petitioners |
Mst. RAZIA alias JIA
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 1760,
2009 SCMR 1428
|
| Other Citations |
Iftikhar-ul-Hassan v. Israr Bashir and another PLD 2007 SC 111,
Ghulam Murtaza v. State 2004 SCMR 4,
Faqir Ullah v. Khalil-uz-Zaman 1999 SCMR 2203,
Muhammad Akram v. State 2003 SCMR 855,
Abdus Salam v. State 2000 SCMR 338
|
| Laws Involved |
Pakistan Penal Code, 1860,
Constitution of Pakistan, 1973
|
| Sections |
302(b),
34,
308,
185(3)
|