Law: Penal Code (XLV of 1860)

Section: 302(b),377

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 12

Law: Constitution of Pakistan, 1973

Section: 203-E(9)

Penal Code (XLV of 1860)--- ---Ss. 302(b) & 377---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12---Federal Shariat Court (Procedure) Rules, 1981, R. 31-A---Constitution of Pakistan, Art. 203-E(9)---Qatl- e-amd, unnatural offence and kidnapping or abducting a person to subject to unnatural lust---Application for modification of sentences---Applicant/accused had contended that he had already undergone agony of lengthy trial and had suffered a lot in the jail---Accused had pleaded that it would be in the interest of justice if judgment of Shariat Court to the extent of his conviction and sentence on "two counts" was modified or clarified and sentences awarded to him were ordered to run concurrently---Shariat Court upheld judgment of the Trial Court and conviction of accused on both the counts---Death sentence awarded to accused by the Trial Court, however, was converted by Shariat Court into life imprisonment---Since the sentences had not been specifically ordered to run concurrently same would be treated "consecutively" as per judgment of Shariat Court---Shariat Court had been vested with review powers under Art. 203-E(9) of the Constitution and R.31-A of Federal Shariat Court (Procedure) Rules, 1981---No ground was available to interfere with the judgment of Shariat Court---Application of accused to modify sentences, was dismissed, in circumstances. Iftikhar Ahmad and another v. The State and others 2009 SCMR 1142 ref. JUDGMENT SHAHZADO SHAIKH, JUSTICE:---.--- Through this Criminal Miscellaneous No. 108/L of 2010, the petitioner Muhammad Ashraf alias Bhola seeks clarification of the sentence awarded and upheld by this Court vide judgment dated 6-4-2007 delivered in Criminal Appeal No.70/L of 2004 cum Murder Reference No.4/L of 2004, whereby conviction of the petitioner "on both the counts" was upheld, but death sentence was converted into imprisonment for life and fine of Rs. one lac was levied as compensation; in default whereof to further undergo 6 months imprisonment. However, benefit of section 382-B of the Code of Criminal Procedure was granted to the petitioner. The petitioner also prays that both the sentences be ordered to run…

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