1998 PLP 1215 (SCMR)
AHMED SAEED‑‑‑Petitioner Versus MUHAMMAD SALEEM and 2 others‑‑‑Respondents
| Citation | 1998 PLP 1215 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui, Raja Afrasiab Khan and Pir Muhammad Karam Shah, JJ |
| Parties | AHMED SAEED‑‑‑Petitioner Versus MUHAMMAD SALEEM and 2 others‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 1215 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1215 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui, Raja Afrasiab Khan and Pir Muhammad Karam Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1215 (SCMR) (AHMED SAEED‑‑‑Petitioner Versus MUHAMMAD SALEEM and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Asghar Hussain, Advocate Supreme Court with Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 25th April, 1995 .
- S. Asghar Hussain, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment dated 28‑4‑1993 of the Federal Shariat Court, passed in Cr.As. 274, 278‑L of 1992 and Cr. Rev. 41/1 of 1992). ‑‑‑‑S. 377‑‑‑Constitution of Pakistan (1973), Art.203‑F(2B)‑‑‑Leave to appeal was granted to the complainant to consider the contention that the accused having already been dealt with leniently by the Trial Court by awarding a sentence of three years' R.I. only on the ground of his being the first offender. Federal Shariat Court had no occasion to further reduce his sentence on the same ground.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.
Respondents Nos. l and 2 were tried for offences under sections 377 and 109, P.P.C. by Additional Sessions Judge, Vehari. Respondent No.l was convicted under section 377, P.P.C. and sentenced to 3 years R.I. and fine of Rs.2,000 or in default to undergo R.I. for 6 months. Respondent No.2 was convicted under section 109, P.P.C. read with section 377, P.P.C. and sentenced to 3 years R.I. and fine of Rs.1,000 and in default to further undergo R.I. for 3 months. On appeal the conviction of respondents Nos.1 and 2 was maintained but their sentences were reduced to 2 and 1-1/2 years respectively, maintaining their sentences of fine. Benefit of section 382-B, Cr.P.C. was also extended to both the respondents. The complainant has challenged the judgment of Federal Shariat Court reducing the sentences of the respondents Nos. l and
2. It is contended by the learned counsel for the petitioner that respondent No.1 was already dealt with leniently by the Trial Court and awarded a sentence of 3 years only while the maximum punishment for the offence is ten years, and fine keeping in view the fact that he was the first offender and as such there was no occasion for the learned Federal Shariat Court to have again further reduced the sentence on the same ground. The contention needs examination and we, accordingly, grant leave to appeal in so far the reduction of sentence of respondent No.1 under section 377, P.P.C. is concerned. We are, however, not inclined to grant leave to appeal in respect of the sentence awarded to respondent No.2 who was not found guilty by both the Courts below under section 377, P.P.C. and was convicted under section 109, P.P.C. The petition in so far, it relates to respondent No.2 is dismissed. N.H.Q./A-1322/S Order accordingly.