| Citation(s) |
|---|
| 2015 SLG 113 2015 SLD 113 2015 PLD 50 |
Supreme Court of Pakistan
Crl. R.P.No. 76/2008 in Crl.R.P. No. 12/2001 and C.A.No.1262/2014 and Crl.M.A. No. 371-L/2014 in Crl.R.P. No.Nil/2014 in Crl.P. No. 50-L/2012, decided on 26th November,2014. DATE of hearing: 10th November, 2014.
MIAN SAQIB NISAR, ASIF SAEED KHAN KHOSA, AMIR HANI MUSLIM, EJAZ AFZAL KHAN AND IJAZ AHMED CHAUDHRY, JJ
Sardar Latif Khan Khosa, Senior Advocate Supreme Court for Petitioners (in Crl.R.P.76 of 2008). Iltaf Ellahi Sheikh, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.A.1262 of 2014). Syed Iqbal Hussain
Crl. R.P.No. 76/2008 in Crl.R.P. No. 12/2001 and C.A.No.1262/2014 and Crl.M.A. No. 371-L/2014 in Crl.R.P. No.Nil/2014 in Crl.P. No. 50-L/2012, decided on 26th November,2014. DATE of hearing: 10th November, 2014.
MIAN SAQIB NISAR, ASIF SAEED KHAN KHOSA, AMIR HANI MUSLIM, EJAZ AFZAL KHAN AND IJAZ AHMED CHAUDHRY, JJ
Sardar Latif Khan Khosa, Senior Advocate Supreme Court for Petitioners (in Crl.R.P.76 of 2008). Iltaf Ellahi Sheikh, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.A.1262 of 2014). Syed Iqbal Hussain
KHALID IQBAL and 2 othersVsMIRZA KHAN and others
Law: Criminal Procedure Code (V of 1898)
Section: 403(1)
Law: Pakistan Penal Code, 1860
Section: 302(b)
Law: Supreme Court Rules, 1980
Section: 9
Law: Constitution of Pakistan, 1973
Section: 13(a),184,187,188,199(5)
(a) Criminal Procedure Code (V of 1898)--- ---S. 403(1)---Constitution of Pakistan, Art. 13(a)---Autrefois acquit and autrefois convict, principle of---Scope---Question of quantum of sentence--- Principle of autrefois acquit and autrefois convict contained in S.403(1) Cr.P.C. had no relevance to a case wherein the question under consideration in an appeal was not as to whether a new trial of the convict should be held or not, but as to the quantum of sentence for a con vict---Reduction of sentence from death to imprisonment for life of a convict, who had served out the sentence of 25 years during the pendency of the legal remedy, could not seek refuge under the doctrine of autrefois acquit and autrefois convict contained in Art. 13(a) of the Constitution. Hasan and others v. The State PLD 2013 SC 793 ref. (b) Constitution of Pakistan--- ---Art. 13(a)---Double jeopardy, doctrine of---Scope---Variation of sentence by Appellate Court--- Variation of sentence of a convict could not be termed as double jeopardy and did not attract Art.13(a) of the Constitution, which could only be applied, if the convict was exposed to a new trial. Hasan and others v. The State PLD 2013 SC 793 ref. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Conviction---Death sentence reduced/ commuted to imprisonment for life---Convict sentenced to death undergoing a period of custody equal to or more than a full term of imprisonment for life during the pendency of his legal remedy against his conviction---Death sentence of such convict could be commuted to life imprisonment, but not on the sole ground that he remained incarcerated in the death cell for a lengthy period of time---Court also had to consider other factors to reduce the quantum of sentence. Dilawar Hussain v. The State 2013 SCMR 1582 and Hasan and others v. The State PLD 2013 SC 793 ref. (d) Constitution of Pakistan--- ----Art. 188---Supreme Court Rules, 1980, O. XXVI, R. 9---Second review petition filed before the Supreme Court---Maintainability--- O.XXVI, R.9 of the Supreme Court Rules, 1980 barred a second review petition---Supreme Court had already recorded findings against the convict by dismissing his appeal…