2003 P Cr (PLP)
MUHAMMAD TUFAIL — Petitioner Versus SESSIONS JUDGE, ATTOCK and 2 others — Respondents
| Citation | 2003 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD TUFAIL — Petitioner Versus SESSIONS JUDGE, ATTOCK and 2 others — Respondents |
Q1: What are the key laws and sections cited in 2003 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 P Cr (PLP) (MUHAMMAD TUFAIL — Petitioner Versus SESSIONS JUDGE, ATTOCK and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Zamir Hussain for Petitioner.
Headnotes / Summary
S. 544-A
Penal Code (XLV of 1860), 5.324
Payment of compensation to victim
Trial Court convicted accused and sentenced him to four years' R.I. with fine
With direction to pay sum of'Rs.1,00,000 to the victim as compensation and in default thereof to undergo six months' S. I.
Appellate Court maintained conviction and sentence of accused awarded by Trial Court, but reduced the amount of compensation from Rs.1,00,000 to Rs.50,000
High Court upheld judgment of Appellate Court and observed that since accused had served his entire sentence, he should be released
Victim who had not been paid compensation as reduced by the Appellate Court and upheld by High Court, filed application for its payment before Trial Magistrate which was dismissed, but in revision same was allowed by Appellate Court
Contention of accused was that he had served out substantive sentence and since he was ordered to be released, the effect was that he stood absolved of his liability to pay compensation
Contention of accused was repelled because under provisions of S.544-A(3) payment of compensation would be in addition to any sentence which Court could impose
Compensation directed to be paid by accused to victim, was relatable to conviction of- accused irrespective of sentence that had been imposed on him
High Court had only reduced sentence to the one already undergone by the accused, but compensation payable by accused was in addition to any sentence and would remain payable
Compensation was to be paid by accused and same was to be recovered as arrears of land revenue.
Judgment & Decree
(2)??????? The compensation payable under subsection (1) shall b recoverable as an arrears of land revenue and the Court may further order that, in default of payment or of recovery as aforesaid the person ordered to pay such compensation shall suffer. imprisonment for a period not exceeding six months, or if it be a Court of the Magistrate of the third class, for a period not exceeding thirty days. (3)??????? The compensation payable under subsection (1) shall be in addition to any sentence which the Court may impose for the offence of which the person directed 'to pay compensation has been convicted. (4)??????? The provisions of subsections (2-B), (2-C) and (4) of section 250, shall, as far as may be, apply to payment of compensation under this section. (5)??????? An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision." It will be seen that this provision of law lays down in mandatory terms that where a person is convicted of an offence in the commission whereof, inter alia, hurt or injury is caused to any person then unless for reasons to be recorded in writing the Court otherwise directs, it shall order the convict to pay, inter alia, to the person hurt or injured, said compensation as the Court may determine having regard to the circumstances of the case. Subsection (2) describes the mode of recovery of the said amount.. It is to be recovered as an arrear of land revenue and C the said Court may further order that it default of payment or of recovery, as aforesaid the person ordered to pay such compensation shall suffer, the imprisonment for a period not exceeding six months. Subsection (3) further clarifies the matter by providing that the compensation payable under subsection (1) shall be in addition to any sentence which the Court may impose for the offence of which the person directed to pay compensation has been convicted.
4. Now the said judgment dated 16-2-2002 of the learned trial Magistrate, as modified by the learned Sessions Judge vide judgment dated 9-5-2002 is to the following effect:-- (i)???????? The petitioner was convicted under section 324, P.P.C. (ii)??????? He was sentenced to undergo four years' R.I. with a fine of Rs:50,000 and in default to undergo one year's S.I. (iii)?????? The petitioner was directed to pay Rs.50,000 as compensation to the respondent No.3.
5. Now according to the judgment dated 22-8-2002 of this Court in Criminal Revision No.149 of 2002 the said conviction and sentence was maintained. The sentence, however, was reduced to the one already undergone.
6. Now the said section 544-A(3), Cr.P.C. lays down in clear terms that the payment of compensation shall be in addition to any, sentence which the Court may impose. Thus upon a plain reading of section 544-A, Cr.P.C. the compensation directed to be paid under subsection (1) is relatable to the conviction of the petitioner irrespective of the. sentence that has been imposed. The compensation payable is in addition to any sentence. This Court had only reduced the sentence to the one already undergone. Thus the compensation remains payable.
7. Learned counsel then contends that since in default of payment of compensation the petitioner was undergoing simple imprisonment and he, was .ordered to be released, it means that he had already undergone the simple imprisonment in default of payment of compensation. I am afraid the said contention is baseless. Subsection (2) clearly is to the effect that the amount of compensation is to be recovered as al: arrear of land revenue and the Court may further order that in default of payment or recovery as aforesaid the said person shall suffer imprisonment for a period not exceeding six months. Thus the said provision of law ensures that the compensation has to be paid in any case and is to be recovered as arrears of land revenue.
8. No other point has been urged. The writ petition is dismissed in limine. H.B.T./M-1914/L??????????????????????????????????????????????????????????????????????????????? Petition dismissed