| 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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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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