Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 345 & 338-E---Penal Code (XLV of 1860), Ss.302, 376 & 449---Qatl-i-amd, rape, trespass in order to commit offence punishable with death---Appreciation of evidence---Compromise, non-approval of---Scope---Accused was charged for the murder of three persons, a mother, her grown up daughter and minor son inside their house---Accused was found to have molested the lady before she was done to death---Accused was convicted and awarded sentences by the Trial Court---Legal heirs of deceased had compromised with the accused during pendency of appeal and signified their willingness for acquittal of accused from the charges---Validity---Enormity of untold suffering and pain suffered by the victims was a factor that could not be lost sight of while considering the plea of composition---Offence of homicide though was compoundable by the legal heirs of the deceased, nonetheless, acceptance thereof was not within their exclusive domain and discretion, as it required judicial approval---Judicial authority of refusal of compromise could not be abridged or curtailed by unanimity of the legal heirs alone---Court, being the keeper of the conscience of society, might still have to withhold permission to allow composition of offence for valid reasons---Violence, brutality and callousness could be taken as a valid ground to deny a culprit opportunity to escape consequences of his conduct through sway over the legal heirs of the victim---In the present case, though the legal heirs of the deceased had forgiven the accused in the name of Allah, the overindulgent conduct of the devastated family reduced three in numbers spoke volumes in itself thus, request to accept the compromise could not be approved---Court, while dismissing the application for acquittal on the basis of compromise ordered the issuance of notice to the accused as to why his sentence of 25 years' R.I., for his conviction under S.376, P.P.C., may not be enhance to death---Order accordingly. Zahid ur Rehman v. The State PLD 2015 SC 77; Abdul Ghaffar and others v. The State 2015 SCMR 1064; Azmat and another v. The State PLD 2009 SC 768; Abdul Jabbar v. The State and…

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