Law: Pakistan Penal Code, 1860

Section: 302(b)(c)

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 302(c)---Qatl-i-amd---Reappraisal of evidence---Sentence, reduction in---Blameworthy conduct of deceased---Trial Court convicted the accused under S. 302(b), P.P.C and sentenced him to imprisonment for life---High Court altered such conviction into S. 302(c), P.P.C. and reduced the sentence to 10-years rigorous imprisonment---Held, that confessional statement of accused, though retracted subsequently, was prosecution's mainstay---In said confessional statement accused had stated that he was carnally assaulted by the deceased more than once, and despite resistance, the deceased did not change his lusty course---In such backdrop, according to the prosecution itself, the accused exasperatingly embarrassed, took the most drastic step of murdering the deceased in the face of no other possible motive---In the absence of any other evidence, the accused made his breast clean and as such his narrative (confession) was to be received in its totality---Deceased could not be credited as being entirely blameless and as such interference by the Supreme Court, particularly when the accused had already served out the sentence (of 10 years imprisonment) would be far from being expedient---Appeal seeking enhancement in sentence of accused was dismissed. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Mehtab son of Ayub, respondent herein, was tried as a juvenile for committing Qatl-i-amd of his schoolmate Muhammad Azhar in the dormitory during wee hours of 17.9.2013. The incident was reported without nomination; weapon of offence spotted outside the room, turned out as a lead to the respondent who was eventually tried on the basis of various pieces of circumstantial evidence, his retracted judicial confession being most prominent. A learned Additional Sessions Judge at Abbotabad returned a guilty verdict vide judgment dated 5.6.2015; convicted under clause (b) of section 302 of the Pakistan Penal Code, 1860, the respondent was sentenced to imprisonment for life…

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