Law:

Section:

(a) Penal Code (XLV of 1860)---Ss. 302(b) & 365-A---Anti-Terrorism Act (XXVII of 1997), S.7(a)---Constitution of Pakistan, Art. 185(3)---Leave to appeal was granted by Supreme Court to consider quantum of sentence of death penalty confirmed by High Court. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 365-A---Anti-Terrorism Act (XXVII of 1997), S.7(a)---Qatl-e-amd, kidnapping for ransom and terrorism---Re-appraisal of evidence---Quantum of sentence---Determination---Expectancy of life, principle of---Applicability---Accused kidnapped young boy for ransom and to avoid risk of identification and capture, brutally murdered him---Death sentence awarded to accused by Trial Court was maintained by High Court---Accused raised the plea of expectancy of life to get death penalty converted into imprisonment for life---Validity---Period of time already served by convict under sentence of death was certainly one of the numerous factors to be taken into account, while confirming death sentence but it was neither the only nor decisive consideration---Tender age of minor, the brutal and heinous nature of crime and pre-mediation persuaded the Supreme Court to agree with sentence awarded by Trial Court as well as High Court---Deterrent aspect of sentence could not be lost sight of either, as it was a crime of kidnapping for ransom of minor followed by murder---Sentence of death was rightly awarded by Trial Court and the courts should not hesitate nor search for laboured pretexts to award lesser sentence---Appeal was dismissed. Muhammad Ilyas and another v. Muhammad Sufian and another PLD 2001 SC 465; Muhammad Sharif v. Muhammad Javed alias Jeda Tedi and 5 others PLD 1976 SC 452; The State v. Rab Nawaz and another PLD 1974 SC 87; Abdus Sattar v. Muhammad Anwar and 6 others PLD 1974 SC 266; Asadullah v. Muhammad Ali and 5 others PLD 1971 SC 541; Mst. Nuran v. Nura and another PLD 1975 SC 174; Moazam Shah v. Mohsan Shah and another 1995 SCMR 1190; Khurram Malik and others v. The State and others PLD 2006 SC 354; Abdul Malik and others v. The State and others PLD 2006 SC 365; Sh. Muhammad Amjad v. The State PLD 2003 SC 704; Muhammad Latif v. The State PLD 2008 SC 503 and…

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