YARA and others vs THE STATE
This matter arises from a petition for leave to appeal seeking the reduction of sentences for certain petitioners convicted of murder. The core legal question concerns the propriety of reducing the sentences of elderly convicts taking into consideration mitigating circumstances such as age, duration of incarceration, and the underlying motive of the crime. The Supreme Court of Pakistan held that where the petitioners were over sixty years of age at the time of the occurrence and had already served a substantial period in prison, their sentences of imprisonment under Section 302(c) of the Pakistan Penal Code could be reduced to the period already undergone. The key principle laid down is that advanced age and prolonged pre-conviction and post-conviction incarceration serve as valid mitigating factors for reducing a sentence of imprisonment in murder cases.
- Can the Supreme Court reduce the sentence of imprisonment for elderly convicts based on their age and period already undergone?
- Whether old age and prolonged incarceration are valid mitigating factors for reducing a sentence under Section 302(c) of the Pakistan Penal Code?
- Section 302(b), Pakistan Penal Code
- Section 544-A, Code of Criminal Procedure 1898
- Section 302(c), Pakistan Penal Code
ORDER
' TANVIR AHMED KHAN, J.--Learned counsel for the petitioners, at the very outset, has stated that he would press this petition only qua Yara and Dari sons of Karam Ali and Dilmeer son of Fateh Muhammad, petitioners and pray for the reduction of their sentences. He, however, does not press the same to the extent of the other petitioners. Accordingly this petition, to the extent of Ramzan, Mumtaz, Muhammad Yousaf and Jabar petitioners Nos.2, 4, 5 and 7 respectively is therefore, dismissed as not pressed.
2. Towards his plea qua the reduction of sentences, the learned counsel has submitted that 39 persons were implicated by the complainant for the murder of Muhammad Akram deceased. Out of them twenty-two were declared innocent during the investigation and 17 were charge-sheeted to stand the trial. The learned trial Judge after assessing the evidence convicted only the petitioners under section 302(b), P.P.C. And sentenced them to suffer imprisonment for life and to pay a compensation of Rs,5,000 each as provided under section 544-A, Cr.P.C. To the legal heirs of the deceased and the remaining 10 of the accused persons were acquitted by the learned trial Court.
3. All the petitioners filed an appeal in the Lahore High Court and the learned Judges of the Lahore High Court modified the conviction of the petitioners to under section 302(c), P.P.C. And sentenced them to imprisonment for 14 years R.I.
4. Learned counsel further submits that out of the seven, three of the petitioners were more than 60 years of age at the time of occurrence. They are in jail for the last more than five years. He has further submitted that the motive stated by the complainant and admitted during the course of proceedings was that Mst. Kausar Bibi daughter of Yara petitioner No,1 was abducted by the deceased and this matter was being discussed in the Punchait where the alleged occurrence had taken place.
5. After hearing the learned counsel for the petitioner for quite some time, we thought it proper to issue notice to the State. Ms. Yasmeen Sehgal learned A.A.-G. Is present in Court on call and accepts notice.
6. After considering all aspects of the case, we are inclined to agree with the learned counsel for the petitioners and keeping in view the fact that admittedly Yara, Dari and Dilmeer petitioners were more than 60 years old at the time of the occurrence and they are in jail for the last more than five years, we accept their prayer for reduction of sentences of imprisonment awarded to them.
Consequently maintaining the conviction of Yara, Dari and Dilmeer petitioners under section 302(c), P.P.C. Their sentences of imprisonment are reduced to the period already undergone by them. Accordingly we convert this petition into appeal and dispose of the same to their extent in the above terms.
Sentence reduced.