Case Details

Citation(s)
2012 SLG 1386 2012 SLD 1386 2012 SCMR 140
Supreme Court of Pakistan
Criminal M.A. No. 221 of 2011 and Criminal Appeal No. 600 of 2005, decision dated: 13-06-2011
IFTIKHAR MUHAMMAD CHAUDHRY C.J., TARIQ PARVEZ AND AMIR HANI MUSLIM, JJ

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JAVED IQBAL and another

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 365-A---Abduction for ransom---Reappraisal of evidence---Quantum of sentence---Ransom, receipt---No recovery from accused---Conviction and sentence of 14 years of imprisonment, awarded by Trial Court to accused was maintained by High Court---Plea raised by accused was that no recovery was either effected from him or on his pointation---Validity---Plea raised by accused was insignificant as it was not the role but it was the goal of abduction for ransom which mattered---Presence of accused at the time when all accused persons picked the ransom near letter box at railway station was sufficient to connect him with the offence of abduction---Accused was also found in the company of co-accused at the time when deceased was abducted on motorcycle---Reasoning for award of sentence to accused by High Court and Trial Court were sound and did not warrant interference---Once the offence was proved , accused should have been awarded sentence of death but as legal heirs of deceased had entered into compromise with co-accused and the compromise had been accepted, therefore, Supreme Court enhanced the sentence of 14 years imprisonment to imprisonment for life with forfeiture of all moveable and immovable properties---Appeal was dismissed. Maulana Nawab-ul-Hassan v. The State 2003 SCMR 658 ref. (b) Penal Code (XLV of 1860)--- ----S. 365-A--- Abduction for ransom--- Sentence--- Principle--- If prosecution proves its case, the court is bound to award death penalty and in case of extenuating circumstances, life imprisonment coupled with forfeiture of property but it cannot award a sentence lesser than the sentence provided in law. Muhammad Zaman Bhatti, Advocate Supreme Court for Appellants (on State expenses). M. Akram Ch., Advocate Supreme Court and Arshad Ali Ch. Advocate-on-Record for Appellant No.1. Zulfiqar Khalid Maluka, Advocate Supreme Court for Appellant No.2. Irfan Malik, Additional P.-G. for the State. M. Siddiqui Baloch, Advocate Supreme Court for the Complainant. Date of hearing: 13th June, 2011. JUDGMENT AMIR HANI MUSLIM, J.---This appeal has been preferred by the appellants against judgment of the Lahore High Court, by which…
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