Case Details

Citation(s)
2007 SLG 3053 2007 SLD 3053 2007 PLJ 286
Sindh High Court
Criminal Appeal No. 129 of 1998, decided on 11.9.2006.
RAHMAT HUSSAIN, JAFFERI, J.
Mr. Javed Ahmed Qureshi, Advocate for Appellants. Mr. Mahmood Yousifi, A.A.G. for State.

WAZIR and 4 others--Appellants

VS

STATE--Respondent

Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 324, 337-A(i) & (ii)--Probation of Offenders Ordinance (XLV of 1960), S. 5--Appreciation of evidence--Concept of punishment--Sending accused on probation--Medical Officer had fully supported prosecution case and corroborated evidence of witnesses under which accused had been assigned various specific roles of causing injuries to the witnesses--Counsel for accused could not point out any discrepancy in the oral evidence--Parties who were related to each other were residing within same compound and incident had taken place on a very minor affair and in a heat of passion and temper--No reason existed that prosecution witnesses had falsely involved accused in the case--Ocular testimony was confidence inspiring--Steps in circumstances, were to be taken towards the reformation of accused--One of the concepts of punishment was also reformation and in view of said basic principle of punishment, Probation of Offenders Ordinance, 1960 had been promulgated by which benefit of probation could be extended to the offenders--Key note of Probation of Offenders Ordinance, 1960 was reformation and rehabilitation--Offences in the present case, for which accused had been convicted did not come within the debaring provisions of S. 5 of Probation of Offenders Ordinance, 1960--In view of present conditions of jail where offenders instead of reforming themselves, come out as hardened criminals--Accused, could be sent on probation so that they could reform themselves while remaining within the society; it was thus expedient in the interest of justice that while maintaining conviction and sentence, instead of sending accused at once to jail a probation order be passed--Accused were sent on probation for a period of 3 years, accordingly. [Pp. 288 & 289] A & B Judgment Brief facts giving rise to the present appeal are that the complainant party and the accused party are related to each other and were residing within one and same compound. On 29-8-1995 a donkey of the complainant party damaged the crop of appellant Ali Bux, therefore he came and made complaint before the complainant. The appellants abused the complainant on…
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