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Supreme Court of Pakistan Converted Death Sentence into Life Imprisonment due to Mitigating Circumstances

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Supreme Court of Pakistan Converted Death Sentence into Life Imprisonment due to Mitigating Circumstances

Islamabad 11-03-2025: The Supreme Court of Pakistan has partially accepted the criminal appeal filed by Appellant, converting his death sentence to life imprisonment and acquitting him of charges related to the murder of an unborn child. The bench comprising Mr. Justice Muhammad Hashim Khan Kakar, Mr. Justice Salahuddin Panhwar, and Mr. Justice Ishtiaq Ibrahim delivered this judgment, highlighting critical procedural irregularities during the trial.

The appellant had originally received the death penalty from the Additional Sessions Judge, Haripur, under Section 302(b) of the Pakistan Penal Code for murdering two women, and an unborn child. He was further convicted for injuring two other individuals under Sections 324, 337-F(i), and 337-F(ii) PPC, along with trespass under Section 452 PPC. The Peshawar High Court, Abbottabad Bench, had upheld this sentence.

However, upon appeal, the Supreme Court of Pakistan identified serious procedural lapses concerning the murder charge of the unborn child, noting that no specific charge was framed as required by law, thus infringing upon the accused’s fundamental right to a fair trial guaranteed under Article 10-A of the Constitution. This oversight led to the Appellant’s acquittal on this particular count.

Additionally, the apex Court observed mitigating factors in the case, including the absence of premeditation, failure of the prosecution to substantiate the alleged motive, and the spontaneous nature of the crime arising from a sudden quarrel. Consequently, considering these aspects, the Court commuted the Appellant’s death sentence to life imprisonment for the two other murder convictions.

The Court upheld all other convictions, including sentences related to causing injuries and trespassing, along with compensation of Rs.100,000 each to the families of the deceased women under Section 544-A Cr.P.C. All sentences are to run concurrently, with the appellant receiving the benefit of Section 382-B Cr.P.C.