Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 347(7)--Anti-Terrorism Act, 1997 (XXVII of 1997)--S. 7--Pakistan Penal Code, (XLV of 1860), Ss. 302 & 34--Offence of Zina (Enforcement of Hudood) Ordinance, 1979, S. 10(4)--Question of reduction of sentence--Compromise--Unsuccessful attempts to secure acquittal--Efforts to effect compromise--Conviction and sentence recorded against/accused--Appeals were rejected--Not compoundable offence--Application was submitted before trial Court for acquittal on basis of compromise, dismissed--Plea was not accepted by High Court--Question of reduction of sentence--Decision having been rendered by Supreme Court against conviction and sentence--Findings have been given on merits by Supreme Court--Held: Once findings have been given on merits by Supreme Court, then it would not be appropriate to enter the merits of the case again to consider the reduction of sentence offence which was not compoundable--No illegality impugned orders and which did not deserve any interference. [Pp. 680 & 681] A & D Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Constitution of Pakistan, 1973, Art. 187--Acquittal on basis of compromise with legal heirs--Re-open of case--Not possible for High Court to re-open the case on merits Supreme Court was not supposed to undertake such exercise under Art. 187 of the Constitution and consider the question relating to quantum of sentence on basis of compromise between the parties in heinous offence which is considered a crime against society. [P. 681] C Interpretation of Law-- ----Court can interpret the provisions of law but cannot change or substitute such provisions and cannot go beyond the wisdom of law. [P. 681] B Judgment Mian Shakirullah Jan, J.--The petitioner after having been convicted under (a) Section 449/34 PPC and sentenced to 10 years R.I. and fine of Rs.100,000/-, (b) Section 302/34 PPC and sentenced to death and a compensation of Rs.100,000/- to be paid to the legal heirs of the deceased, (c) Section 10(4) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced to death, and (d) Section 7 of ATA, 1997 and sentenced to death with a fine of Rs.100,000/-…

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