| Citation(s) |
|---|
| 2017 SLG 399 2017 SLD 399 2017 YLR 185 |
Sindh High Court
Spl. Anti-Terrorism Appeals Nos. 37 to 39 and Confirmation Case No. 5 of 2008, decided on 8th March, 2016. Date of hearing: 26th February, 2016.
NAIMATULLAH PHULPOTO, JUSTICE, AFTAB AHMED GORAR, JUSTICE
Abdul Rasheed Nizamani for Appellants. Muhammad Iqbal Awan, A.P.G. for the State. Choudhry Muhammad Iqbal for the Complainant.
Spl. Anti-Terrorism Appeals Nos. 37 to 39 and Confirmation Case No. 5 of 2008, decided on 8th March, 2016. Date of hearing: 26th February, 2016.
NAIMATULLAH PHULPOTO, JUSTICE, AFTAB AHMED GORAR, JUSTICE
Abdul Rasheed Nizamani for Appellants. Muhammad Iqbal Awan, A.P.G. for the State. Choudhry Muhammad Iqbal for the Complainant.
MUHAMMAD QASIM ALIAS UMAIR-
VS
THE State.
Law: Pakistan Penal Code, 1860
Section: 34,302,365A,382B
Law: Anti Terrorism Act, 1997
Section: 7(e)
Penal Code (XLV of 1860)---.--- ---.----Ss. 302, 365-A & 34---.---Anti-Terrorism Act (XXVII of 1997), S.7(e)---.---Qatl-i-amd, kidnapping or abduction for ransom, common intention, act of terrorism---.---Appreciation of evidence---.---Counsel for accused persons did not press appeals on merits, but had only prayed for converting the death sentences awarded to accused persons into imprisonment for life keeping in view the youth of accused persons---.---Contention of counsel for accused persons that youth of accused was mitigating circumstance to convert the death sentence to the imprisonment for life had no force---.---Accused had never raised the plea of their young ages as mitigating circumstance before Police during investigation or before the Trial Court---.---Accused persons had failed to produce documentary evidence regarding their exact ages---.---Ground for mitigation of sentence, could not be pressed into service on the basis of something which had never been proved on the record---.---No benefit could be extended in favour of accused persons for their young ages---.---Accused persons had kidnapped a boy for ransom, and committed his murder and did not deserve any leniency in sentence---.---Trial Court had examined each and every piece of evidence carefully and appreciated evidence according to settled principles of law---.---Death sentence in a murder case was a normal penalty, and the courts while diverting towards lesser sentence, should have to give detailed reasons---.---No reason, existed to interfere in the conclusion arrived at by the Trial Court in conviction and death sentence awarded to accused persons---.---Reference for confirmation of death sentence was answered in affirmative, in circumstances. Muhammad Saleem v. The State 2001 SCMR 536; Faisal Aleem v. The State PLD 2010 SC 1080; Muhammad Yar v. The State 1997 SCMR 401; Muhammad Mumtaz Qadri v. The State PLD 2016 SC 13; Hamid Mahmood and another v. State 2013 SCMR 1314 and Dadullah and another v. The State 2015 SCMR 856 ref. THIS JUDGMENT DELIVERED BY: NAIMATULLAH PHULPOTO, JUSTICE:---.--- Appellants Mohammad Qasim alias Umair, Farhan Khan and Raheel were tried by learned…
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