| Citation(s) |
|---|
| 2010 SLG 2910 2010 SLD 2910 2010 PCRLJ 1623 |
Supreme Court (AJ&K)
Criminal Appeals Nos. 28, 29 and 31 of 2007, decision Date : 12th June, 2009. Heard on: 5th June, 2009 (On appeals from the judgment and order of the Shariat Court Dated 11-5-2007 in Criminal Appeals No. 17, 20 and 25 of 2000).
MUHAMMAD RAEZ AKHTAR CHAUDHARY, CHIEF, JUSTICE, KHAWAJA SHAHAD AHMED, JUSTICE
THE STATE through Additional Advocate-General AJ&K, and 2 others---.---
Respondents Ch. Muhammad Mumtaz for Convict/Appellant. Raja Inaamullal1 Khan for the Complainant/Appellant. Mushtaq Ahmed Chaudhary, Advocate General for the State.
Criminal Appeals Nos. 28, 29 and 31 of 2007, decision Date : 12th June, 2009. Heard on: 5th June, 2009 (On appeals from the judgment and order of the Shariat Court Dated 11-5-2007 in Criminal Appeals No. 17, 20 and 25 of 2000).
MUHAMMAD RAEZ AKHTAR CHAUDHARY, CHIEF, JUSTICE, KHAWAJA SHAHAD AHMED, JUSTICE
THE STATE through Additional Advocate-General AJ&K, and 2 others---.---
Respondents Ch. Muhammad Mumtaz for Convict/Appellant. Raja Inaamullal1 Khan for the Complainant/Appellant. Mushtaq Ahmed Chaudhary, Advocate General for the State.
Criminal Appeal No. 28 of 2007 NASRULLAH
VS
SHAMIM AKHTAR and 4 others--Respondents Criminal Appeal No. 29 of 2007 NASRULLAH VS SABIR HUSSAIN arid another Criminal Appeal No. 31 of 2007 SABIR HUSSAIN VS THE STATE through Additional AdvocatEGene
Law: Criminal Procedure Code (V of 1898)
Section: 417
(a) Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (IX of 1974)---.--- ---.---Ss.5 & 15---.---Appreciation of evidence---.---Sentence, remission of---.---Cross-appeal for enhancement of sentence---.---Trial Court after considering some facts known as mitigating circumstances awarded 18 years imprisonment to the accused---.---At the time of announcement of the and even before that, accused absconded, but finally was arrested and kept in custody---.---If the remissions earned by accused were included in the period of sentence of 18 years and the time he remained absconded, was excluded, still a conservative calculation had revealed that accused remained in jail for a period of more than 20 years; whereas after calculating the period of sentence, according to said method accused had to be released after completion of 18 years sentence awarded to him by the Trial Court---.---Cross-appeal for enhancement of sentence of accused filed by the complainant, could not be heard when the legal sentence of life imprisonment (14 years) or more than that had already been served---.---Azad Jammu and Kashmir Interim Constitution Act, 1974, though did not contain the specific provision/fundamental right as contained in Art.13 of Constitution of Pakistan, but keeping in view the scheme of law dealing with the doctrine of double jeopardy and powers of Supreme Court to do complete justice in any case, cross-appeals filed for enhancement of sentence, were dismissed holding that accused having already undergone legal sentence of more than 14 years at the relevant time, was entitled to be released forthwith. Bahadur Ali and others v. The State and others 2002 SCMR 93 and Abdul Rashid's case as 2001 PCr.LJ 524 ref. (b) Criminal Procedure Code (V of 1898)---.--- ---.---S.417---.---Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (IX of 1974), Ss.5 & 15---.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974 S.42---.---Appeal against acquittal---.---Concurrent findings of the courts below in criminal cases could not be recalled and the evidence could not be reappraised as a routine---.---Judgments so recorded by the courts below had to be maintained…
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