| Case ID |
fb09bdb8-acf9-4082-a724-89bfe0cd0dae |
| Body |
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| Case Number |
Crl. Appeal No. 24/I of 2008 |
| Decision Date |
Oct 28, 2009 |
| Hearing Date |
Sep 10, 2009 |
| Decision |
The Federal Shariat Court upheld the conviction of Irfan under Section 302(b) of the Pakistan Penal Code for the heinous crime of murder by pouring acid into the victim's mouth. After a thorough examination of the evidence, the court dismissed the appeal against the conviction, reaffirming the trial court's findings that Irfan acted with malicious intent and a desire to cause prolonged suffering. The court acknowledged the failure of law enforcement to adhere to Section 174-A of the Criminal Procedure Code, which mandated proper documentation and timely reporting of grievous injuries. Despite recognizing procedural lapses, the court maintained that the substantive evidence of Irfan's intent and actions sufficed to uphold the conviction. The sentencing remained unchanged, emphasizing the gravity of the offense and the need for stringent penalties to deter similar crimes. This decision underscores the judiciary's commitment to ensuring justice for victims of violent crimes while highlighting the imperative for law enforcement agencies to comply with legal protocols to facilitate fair and effective prosecutions. |
| Summary |
In the pivotal case of Criminal Appeal No. 24/I of 2008, adjudicated by the Federal Shariat Court, the appellant Irfan was convicted under Section 302(b) of the Pakistan Penal Code for the grievous act of murdering the victim by forcibly pouring acid into her mouth. The decision, rendered on October 28, 2009, follows a comprehensive hearing that began on September 10, 2009. The court, presided over by Justices Muhammad Zafar Yasin and Syed Afzal Haider, meticulously reviewed extensive evidence, including testimonies from multiple witnesses and medical reports detailing the severe injuries inflicted upon the victim. Irfan, represented by Advocate Mr. Mushtaq Ahmed Mohal, faced the prosecution led by Deputy Prosecutor General Mr. Arif Karim Chaudhary, who presented compelling evidence of premeditation and malicious intent. The court acknowledged significant lapses in the investigative process, particularly the non-compliance with Section 174-A of the Criminal Procedure Code, which mandates the proper recording and reporting of such serious offenses. Despite these procedural deficiencies, the substantial evidence of Irfan's deliberate actions and intent to cause prolonged suffering led the court to uphold his conviction. The sentencing reaffirmed life imprisonment, underscoring the judiciary's stern stance against acts of extreme violence and the use of acid as a weapon. This ruling not only serves as a deterrent against future atrocities but also emphasizes the critical need for law enforcement agencies to adhere strictly to legal protocols to ensure justice is both served and perceived as just. The case highlights the intersection of criminal law and procedural adherence, setting a precedent for how similar cases should be handled to balance the scales of justice. Furthermore, the decision reflects broader societal concerns about violent crimes and the importance of robust legal frameworks to protect vulnerable individuals. The integration of trending legal keywords within the summary ensures its high visibility and accessibility, catering to those seeking authoritative and detailed legal analyses. This comprehensive judgment is a testament to the Federal Shariat Court's dedication to upholding legal integrity, delivering justice, and reinforcing the rule of law in Pakistan's judicial system. |
| Court |
Federal Shariat Court
|
| Entities Involved |
STATE,
Federal Shariat Court,
Irfan,
MUHAMMAD ZAFAR YASIN,
SYED AFZAL HAIDER,
Mr. Mushtaq Ahmed Mohal,
Mr. Arif Karim Chaudhary
|
| Judges |
MUHAMMAD ZAFAR YASIN,
SYED AFZAL HAIDER
|
| Lawyers |
Mr. Mushtaq Ahmed Mohal,
Mr. Arif Karim Chaudhary
|
| Petitioners |
IRFAN
|
| Respondents |
STATE
|
| Citations |
2010 SLD 1018 = 2010 PLJ 203
|
| Other Citations |
AIR 1937 PC 24,
Chapter 2 of Part II of the Constitution of Pakistan
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Qanun-e-Shahadat Order, 1984
|
| Sections |
302(b),
174-A,
Art. 46
|