1996 PLP 977 (SCMR)
GULZAR alias GARA and another‑‑‑Appellants Versus THE STATE‑‑‑Respondent
| Citation | 1996 PLP 977 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Munir Khan, Mir Hazar Khan Khoso and |
| Parties | GULZAR alias GARA and another‑‑‑Appellants Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1996 PLP 977 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 977 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Munir Khan, Mir Hazar Khan Khoso and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 977 (SCMR) (GULZAR alias GARA and another‑‑‑Appellants Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Bilal, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate‑on‑Record for Appellants.
- Date of hearing: 18th April, 1995.
- M. Bilal, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Appellants.
- Raja Abdul Ghafoor, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the judgment and order of the Federal Shariat Court dated 10‑8‑1992 passed in Cr.A. 263‑L of 1990). (a) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 392‑‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 20‑‑‑Constitution of Pakistan (1973), Art. 203E (28)‑‑‑Leave to appeal was granted only to consider the question of sentence. (b) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑S. 392‑‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 20‑‑‑Constitution of Pakistan (1973), Art. 203E (2B)‑‑‑Sentence‑‑ Sentence of 10 years' R.I. awarded to accused being excessive in the circumstances of the case, the same was reduced to 7 years' R.I. to meet the ends of justice. Sajjad Ahmad v. The State 1992 SCMR 408 ref. Raja Abdul Ghafoor, Advocate Supreme Court for the State.
Judgment & Decree
MAULANA MUHAMMAD TAQI USMANI, J.
Leave in this case was granted only to consider the question of sentence. The appellants namely, Gulzar alias Gara and Zahid Nawaz were convicted by the Additional Sessions Judge, Sheikhupura under section 392, P.P.C. read with section 20 of the Offences Against Property (Hadood Ordinance), 1979 and were sentenced to 10 years R.I. plus a fine of Rs.10,000 or in default 2 years' R.I. each. The amount of fine if recovered was ordered to be paid to the complainant as compensation. Both of them were also given the benefit of section 382-B, Cr.P.C.
2. The learned counsel for the appellants submitted that the sentence given in the circumstances of this case was excessive. He relied on the case of Sajjad Ahmed v. The State (1992 SCMR 408), decided by the Supreme Appellate Court.
3. We are inclined to accept the submission of the learned counsel and we feel that in the circumstances of this case the sentence of 7 years' R.I. shall meet C the ends of justice, therefore, the sentence of imprisonment awarded to him is reduced to 7 years' R.I. with benefit of section 382-B, Cr.P.C. However, other sentences awarded to him shall remain intact. The appeal is disposed of accordingly. N.H.Q./G-508/S Sentence reduced.