| Citation(s) |
|---|
| 1978 SLG 199 1978 SLD 199 1978 SCMR 292 |
Supreme Court of Pakistan
Criminal Review Petition No. 8 R of 1978, decision dated: 14th May 1978.
QAISAR KHAN, MUHAMMAD HALEEM, GHULAM SAFDAR SHAH AND KARAM ELAHEE CHAUHAN, JJ
Noor Ahmad Noori, Advocate on-Record for Petitioner. Nemo for the State
Criminal Review Petition No. 8 R of 1978, decision dated: 14th May 1978.
QAISAR KHAN, MUHAMMAD HALEEM, GHULAM SAFDAR SHAH AND KARAM ELAHEE CHAUHAN, JJ
Noor Ahmad Noori, Advocate on-Record for Petitioner. Nemo for the State
ABDUL REHMAN
VS
THE STATE
Law:
Section:
(a) Supreme Court Rules 1956 --- O. XXVI Review Petition for review barred by 1119 days ¬Mistake, however, apparent, on face of record and petitioner, an illiterate man, in jail all through Delay in filing review petition con¬doned in circumstances. [Review Condonation of delay]. (b) Constitution of Pakistan (1973) ----Art. 12 and Penal Code (XLV of 1860), S. 302 [as standing before and after enactment of Law Reforms Ordinance (XII of 1972)] read with S. 57 Imprisonment for life Transportation for life Occur¬rence taking place in 1964, punishment for murder then being death or transportation for life Transportation for life under S. 57 meaning transportation for 20 years Amendment in Penal Code, 1860, introduced by haw Reforms Ordinance, 1972, with effect from 14 4 1972, and according to S. 302 thus amended punishment for murder either death or life imprisonment and life imprisonment according to S. 57 of meaning imprisonment for 25 years No law, held, could authorise punishment for an offence by a penalty greater than penalty prescribed by law for such offence at time of its commission and accused could not be sentenced to life imprisonment Petitioner's punishment converted to transportation for life. [Sentence]. ORDER QAISAR KHAN, J. Abdul Rehman was tried by the Additional Sessions Judge Hyderabad for the murder of two police officials and by his judgment dated the 6th of June 1970 sentenced to death on both counts. The appeal of the convict was dismissed by the High Court on the 10th of August 1971 and the death sentences, were confirmed The convict filed petition for special leave to appeal in this Court which was granted and this Court by its judgment dated the 1st of April 1975 accepted the appeal to the extent that the death sentences were commuted to life imprisonments. Abdul Rehman has filed this review petition praying for converting his sentences from…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492