| Citation(s) |
|---|
| 2018 SLG 952 2018 SLD 952 2018 YLR 461 |
Sindh High Court
Cr. Appeal No. 418 of 2016, decision & hearing Dated: 11-07-2017.
FAHIM AHMED SIDDIQUI, JUSTICE
Nadeem Ahmed Azar for Appellant. Ali Haider Saleem, APG for the State.
Cr. Appeal No. 418 of 2016, decision & hearing Dated: 11-07-2017.
FAHIM AHMED SIDDIQUI, JUSTICE
Nadeem Ahmed Azar for Appellant. Ali Haider Saleem, APG for the State.
VIKASH
VS
THE STATE
Law:
Section:
(a) Probation of Offenders Ordinance (XLV of 1960)--- ----S. 5---Sindh Arms Act (V of 2013), S. 23(i)(a)---Possessing unlicensed arms---Reformation and rehabilitation of tender aged offender---Scope---Accused had claimed his age as seventeen years and by appearance, he seemed to be of tender age---Provision of Probation of Offenders Ordinance, 1960 was a reformative measure and its object was to reclaim amateur offenders who, if spared the indignity of incarceration, could be usefully rehabilitated in the society---Accused, in the present case, was amateur and a novice offender, therefore it would be beneficial for him and the society alike to place him on probation---Accused was given under the supervision of Probation Officer for one year while maintaining his sentence---Accused being a Christian, he would perform the community service by participating in arrangements of 'Sunday Service of Worship' or 'Sunday Mass' in the church of his choice---Accused had to give assistance in cleaning and arranging the pews in the prayer hall and other ancillary work along with the regular staff and/or volunteers of the said church---Appeal was disposed of accordingly. (b) Probation of Offenders Ordinance (XLV of 1960)-- ----Preamble---Object of the Ordinance---High Court observed that probation system was usually considered as a boon for some of the selected offenders but it was more than such limited scope---Said system provided means of rehabilitation without the necessity of breaking up the offender's normal life and removing him from the natural surroundings of his home---Such system could be used as a tool to raise the status of a convicted offender by making him a useful member of the society---Institution of probation could be used for recompensing the society if it was integrated with community services for the benefit of the society. Ghulam Dastagir and 3 others v. The State PLD 2014 Bal. 100 rel. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI, JUSTICE:---.--- The appellant, through the instant criminal appeal assailed the judgment dated 24-11-2016 passed by the learned Additional Sessions Judge-VII, Karachi South in Sessions Case No. 1499/2015. Through the…
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