Law:

Section:

(a) Criminal Procedure Code (V of 1898)------S.382-B---Penal Code (XLV of 1860), S. 302---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal to Supreme Court was granted to consider the question as to whether the convict was rightly denied the benefit of S.382-B, Cr. P.C. by the High Court. (b) Criminal Procedure Code (V of 1898)--S. 382-B [as amended by Code of Criminal Procedure (Second Amendment) Ordinance (LXXI of 1979)]---Penal Code (XLV of 1860), S. 302---Object of S. 382-B, Cr. P.C.---Grant or denial of benefit of S. 382-B, Cr. P.C.--­Principles---Court is bound to take into consideration the question, whether the benefit of S.382-B, Cr. P.C. is to be granted or not but it is not mandatory `to grant the same---Court has discretion to decline the grant of benefit of S.382-B, Cr. P.C.---Such discretion, however, is not to be exercised arbitrarily or capriciously but has to be exercised judiciously on sound judicial principles giving some cogent reasons which should have nexus with the award of sentence. The object of section 382-B, Cr. P.C. seems to be to compensate as convict for the delay in the conclusion of his trial because of the various factors generally not attributable to him as a State is supposed to provide speedy justice. For the offence of murder falling under section 302, P.P.C. the law provides two sentences i.e. death, which is the normal sentence, and imprisonment for life if there is any one or more judicially recognized mitigating circumstance/circumstances. The question, whether a particular mitigating circumstance has nexus with the object of section 382-B, Cr.P.C., will depend on its nature. In the present case, the Additional Sessions Judge found that the deceased got married to the girl in whom the convict was interested as a mitigating circumstance not to impose death sentence. The said circumstance has no nexus with the object contained in section 382-B, Cr.P.C. However, if the Additional Sessions Judge would have awarded imprisonment for life instead of death sentence on the ground that the convict had remained in custody for 8 or 9 years during the trial, the above reason would have direct nexus with the object of…

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