Conviction and sentence

2024 PLD 502 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S.63Criminal Procedure Code (V of 1898), S. 426Election disputeNomination papers, rejection ofConviction and sentenceScopeSuspension of sentenceEffectAppellant/candidate was convicted and sentenced by Court of competent jurisdiction for commission of a criminal offenceAppellate Court suspended sentence of appellant/candidate but his conviction was intact

Returning Officer rejected nomination papers of appellant/candidate as he had been convicted for commission of a criminal offence

Validity

There was no order of any court of competent jurisdiction regarding suspension of appellant/candidate's conviction

Suspension of sentence under S. 426, Cr.P.C. and suspension of conviction were poles apart

Conviction attained finality upon determination of guilt by Court of competent jurisdiction

During pendency of appeal, the Appellate Court, pursuant to S. 426, Cr.P.C., suspended execution of appellant/ candidate's sentence

Suspension pertained solely to the sentence and not the conviction, which remained operative until set aside by higher Appellate Courts

Mere pendency of appeal did not automatically nullify conviction

Appellate Court under S. 426, Cr.P.C., was not empowered to suspend conviction rather, it was a discretionary measure extended to accused

Suspension of sentence did not imply expungement of underlying conviction

Suspension of sentence imposed on appellant/candidatedid not affect the completed conviction, which had arisen upon determination of guilt by a Court of competent jurisdiction and that conviction held the field

Election Appellate Tribunal declined to interfere in the order passed by Returning Officer as the same was speaking, well-reasoned and neither illegal nor without lawful authority

Appeal was dismissed, in circumstances.

2017 PCrLJ 445 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Ss. 10(11-A) & 21-LPakistan Arms Ordinance (XX of 1965), S. 13-EConstitution of Pakistan, Arts. 9 & 10 (1)Appreciation of evidenceTrial in absentiaNatural justice, principles ofApplicabilityConviction and sentenceAll accused persons were charged under section 13-E, Pakistan Arms Ordinance, 1965Co-accused absconded during trialTrial of said co-accused was concluded in absentiaAbsconded co-accused was convicted and sentenced under S. 21-L, Anti-Terrorism Act, 1997Validity

Trial of co-accused in absentia was violation of Arts. 9 & 10(1) of the Constitution and S. 10(11-A) of the Anti-Terrorism Act, 1997

Conviction and sentence of co-accused in absentia therefore could not be sustained as they were not afforded any opportunity of hearing

Absconded co-accused was thus condemned unheard, which was contrary to the principles of natural justice

Attending circumstances suggested that conviction and sentence to absconded co-accused could not be awarded

Absconded co-accused was acquitted by setting aside conviction and sentence recorded by Trial Court.

2016 SCMR 267 SUPREME-COURT Judicial Precedent

S. 342EvidenceConviction and sentenceScope

Piece of evidence not put to an accused during his/her examination under S.342, Cr.P.C., could not be used against him/her for maintaining conviction and sentence.

2016 PLD 17 SUPREME-COURT Judicial Precedent

S. 302(b)Anti-Terrorism Act (XXVII of 1997), S. 7Qatl-i-amdAct of terrorismConviction and sentenceAccused found guilty of committing murder and also the offence of terrorism

Such an accused was to be convicted and sentenced separately for the offences (of murder and terrorism).

2013 YLR 230 PESHAWAR-HIGH-COURT Judicial Precedent

S.302Qatl-e-amdAppreciation of evidenceConviction and sentenceBasisScope

Conviction could be based on statement of solitary eye-witness, provided same was confidence inspiring; and intrinsic worth of the same rang true, and satisfied conscience of the court, but it was equally true that for the purpose of conviction and sentence in a case of capital punishment evidence must come through unimpeachable source, and court had to see intrinsic value of such evidence with strong corroboration.