| Citation(s) |
|---|
| 2013 SLG 582 2013 SLD 582 2013 PCRLJ 398 |
Sindh High Court
M.A. No. 747 of 2012 in Criminal Appeal No. S-40 of 2012, decided on 14th June, 2012
SADIQ HUSSAIN BHATTI, J
Syed Tarique Ahmed Shah for Applicants. Syed Meeral Shah, Deputy Prosecutor-General for the State. Syed Madad Ali Shah for the Complainant. Complainant Hussain and victim Mst. Saneeha present in Court
M.A. No. 747 of 2012 in Criminal Appeal No. S-40 of 2012, decided on 14th June, 2012
SADIQ HUSSAIN BHATTI, J
Syed Tarique Ahmed Shah for Applicants. Syed Meeral Shah, Deputy Prosecutor-General for the State. Syed Madad Ali Shah for the Complainant. Complainant Hussain and victim Mst. Saneeha present in Court
SIRAJ and 2 others
VS
The STATE
Law: Criminal Procedure Code (V of 1898)
Section: 426,345
Law: Pakistan Penal Code, 1860
Section: 376,34
Criminal Procedure Code (V of 1898)--- ----Ss. 426 & 345---Penal Code (XLV of 1860), Ss. 376/34---Rape, common intention---Offence not compoundable---Compromise between parties---Complainant and victim filing affidavits and not objecting to suspension of sentence and release on bail---Effect---Contentions of the accused persons were that the parties had compounded the offence; that the complainant and victim had filed affidavits wherein they had forgiven the accused persons in the name of Allah; that although the offence was not compoundable but superior courts had taken a lenient view in cases wherein the parties had effected compromise---Validity---Complainant and victim had extended no objection in the shape of affidavits to the suspension of sentence awarded to the accused persons and their release on bail---Sentence awarded to the accused persons was suspended, in circumstances, and they were released on bail. 1995 PCr.LJ 1606; 2002 SCMR 184; 1998 SCMR 466 and 2004 PCr.LJ 923 ref. ORDER SADIQ HUSSAIN BHATTI, J.---Through instant application, appellants seek suspension of sentence awarded to them vide impugned judgment dated 1-2-2012, passed by learned IInd Additional Sessions Judge, Badin in Sessions Case No.116 of 2010, whereby the appellants were convicted under sections 376 and 34, P.P.C. and sentenced to suffer rigorous imprisonment for 20 years and also to pay fine of Rs.10,000 each and in case of default thereof they were ordered to undergo further one year's imprisonment. Learned counsel for the appellants contended that parties have compounded the offence; complainant and the victim have filed their affidavits wherein they have stated that they have forgiven the appellants in the name of ALLAH. It is further contended by learned counsel for the appellants that though the offence is not compoundable, but in spite…
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