Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Penal Code (XLV of 1860)

Section: 376,511

Criminal Procedure Code (V of 1898)--- ----S.426---Penal Code (XLV of 1860), Ss.376 & 511---Attempt to commit rape---Suspension of sentence---Delay in disposed of appeal---More than two years had gone by and there was no likelihood of hearing of the appeal filed by the petitioner in the near future---Petitioner was not previously convicted for an offence punishable with death or imprisonment of life---Petitioner was neither a hardened, desperate or dangerous criminal nor he was accused of an act of terrorism punishable with death or imprisonment of life---More than three years had gone by since filing of appeal by the petitioner which had not been disposed of yet---Delay in hearing of said appeal had not been occasioned by the petitioner or any person acting on his behalf and there was no prospect of an early hearing of the main appeal---Application for suspension of sentence was allowed, in circumstances. Liaqat and another v. The State 1995 SCMR 1819 ref. ORDER SADIQ MAHMUD KHURRAM, J.---Through this petition filed under section 426 of Cr.P.C, the petitioner namely Muhammad Ramzan son of Haji Muhammad seeks suspension of his sentence awarded to him by the learned Additional Sessions Judge/Juvenile Court, Kehror Pacca vide judgment dated 20.02.2020. The petitioner was convicted and sentenced after trial in case FIR No.283 of 2018, dated 15.06.2018, registered at Police Station City Kehror Pacca, District Lodhran in respect of offences under sections 376, 449 and 511, P.P.C. The petitioner namely Muhammad Ramzan son of Haji Muhammad was convicted and sentenced as under:-- Muhammad Ramzan son of Haji Muhammad:- Rigorous Imprisonment for ten years under sections 376 and 511, P.P.C. and directed to pay fine of Rs.30,000/-. The petitioner was also directed to pay compensation of Rs.40,000/- under section 544-A Cr.P.C. to the victim and in case of default thereof to further undergo simple imprisonment for six months. The benefit of Section 382-B of the Code of Criminal Procedure, 1898 was also extended to the petitioner. The petitioner lodged the Criminal Appeal No.127 of 2020 assailing the said conviction and sentences. This is the second petition filed by the…

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