| Case ID |
d6f041c8-dc8f-4696-8a15-d204dd3088f0 |
| Body |
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| Case Number |
Criminal Appeal No. 122-L of 2012 |
| Decision Date |
Oct 18, 2018 |
| Hearing Date |
Oct 18, 2018 |
| Decision |
The Supreme Court of Pakistan partly allowed the appeal, maintaining the conviction of the appellant Muhammad Shoban under section 302(b) of the Penal Code but converting the death sentence into life imprisonment. The court found that the prosecution failed to prove the motive alleged in the FIR, which was crucial in determining the quantum of sentence. The court emphasized that the absence of motive or lack of proof thereof is a significant mitigating circumstance. The appellant was also granted the benefit of section 382(B) of the Cr.P.C., which allows for certain leniencies regarding the sentence. The remaining sentences related to compensation and payment of Daman were upheld. |
| Summary |
In the case of Muhammad Shoban vs The State, the Supreme Court of Pakistan addressed a criminal appeal concerning the conviction and sentence handed down by the Lahore High Court. The appellant was initially sentenced to death for the murder of Muhammad Ilyas, with the prosecution alleging illicit relations as the motive. However, the Supreme Court highlighted the prosecution's failure to substantiate this motive, ultimately leading to a reduction of the death penalty to life imprisonment. The decision underscored the importance of proving motive in criminal cases, establishing a precedent for future cases where motive is a critical factor. This case reinforces the principle that mere allegations without evidence cannot suffice in serious criminal matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Muhammad Iqbal,
Muhammad Shoban,
Shafaqat Ali,
Ghularn Abbas,
Khursheed Ahmed,
Zahid Umar
|
| Judges |
Gulzar Ahmed,
Qazi Faez Isa,
Mazhar Alam Khan Miankhel
|
| Lawyers |
Zulfiqar Ahmed Bhutta,
Ahmed Nawaz Chaudhry,
Ahmed Raza Gillani
|
| Petitioners |
Muhammad Shoban
|
| Respondents |
The STATE
|
| Citations |
2022 SLD 1211,
2022 SCMR 1608
|
| Other Citations |
Mst. Nazia Anwar v. The State 2018 SCMR 911,
Nadeem Ramzan v. The State 2018 SCMR 149,
Haq Nawaz v. The State 2018 SCMR 21,
Ghulam Muhammad v. State 2017 SCMR 2048,
Saif Ullah v. State 2017 SCMR 2041,
Waris Ali v. The State 2017 SCMR 1572
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302(b),
337-F(iii)
|