Law: Penal Code (XLV of 1860)

Section: 302(b), 307

Law: Constitution of Pakistan, 1973

Section: 188

Law: Code of Criminal Procedure (CrPC), 1898

Section: 382-B

(a)    Penal Code (XLV of 1860)-------Ss. 302(b) & 307---Constitution of Pakistan, Art. 188---Review petition---Qatli-amd---Convict sentenced to death remaining incarcerated for a period which is more than a full term of life imprisonment---Effect---Conversion of death sentence into imprisonment for life---Longstanding detention in prison up to or more than the period of imprisonment for life is a complete and distinct punishment, as provided by section 302(b), P.P.C.---In the present case by the time, when his appeal was dismissed by the Supreme Court, the petitioner remained incarcerated for about 25 years, without earning remissions---Despite confirmation of his death sentence by the Supreme Court, the petitioner was awaiting execution of his sentence for the last nine years---It was a fact that till date, the petitioner had served out a sentence of more than 34 years without earning remissions, out of which, he remained incarcerated in death cell for about 24 years---If remissions were counted, his detention may come to almost forty years---Petitioner had served out his sentence for more than a life term and that too, in miserable and inhuman conditions while incarcerated in death cell for twenty four years, which had compromised his personal values and dignity---Delay in conclusion of judicial proceedings and execution of sentence awarded to the petitioner was on account of the system, hence, was beyond his control---Due to this hard fact, the petitioner had faced the agony of prolonged criminal proceedings, hence, was a victim of circumstances, therefore, he could not be penalized for the act of the Court or the Executive---Longstanding delay upto or above the period of imprisonment for life is one of the grounds necessary for awarding lesser punishment, keeping in view the principle of expectancy of life---Review petition was partly allowed, and the judgment under review was upheld, with modification in the quantum of sentence--Resultantly, the conviction of the petitioner under section 302(b), P.P.C. was maintained, however, death sentences awarded to him on two counts were converted into imprisonment for life on two counts, with…

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