Pakistan Case Law
K.L.R. 2005 Criminal Cases 424

Hamzo vs The State

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CitationK.L.R. 2005 Criminal Cases 424
CourtSindh High Court
Case No.Criminal Appeal No. 33 or 1993
Date1994-12-01
Judge(s)Wajihuddin Ahmed, Ghulam Haider Lakho
ResultSentence Reduced.
Summary

This criminal appeal was filed before the Sindh High Court challenging the conviction and sentence of five years' imprisonment imposed upon the appellant. The core legal question was whether the conviction could be sustained given key evidentiary infirmities, specifically that the prosecution relied solely on the testimony of police officials despite the appellant being apprehended based on prior information, without any private witnesses or the vehicle driver being cited. Upon review of these circumstances, the appellant's counsel conceded to a reduction in sentence. The High Court disposed of the appeal by converting the sentence of five years' imprisonment to three years' imprisonment, reducing the fine from Rs. 5,000 to Rs. 500, and extending the benefit of Section 382-B of the Code of Criminal Procedure 1898 for the computation of the sentence.

Questions settled in this judgment
  • Can a criminal conviction be sustained solely on the testimony of police officials when no private witnesses were cited despite prior information?
  • Whether a court can reduce a sentence of imprisonment and fine upon concession of counsel due to evidentiary infirmities in the prosecution's case?
  • Is an accused entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898 when their sentence is modified on appeal?
Laws & provisions referred
  • Section 382-B, Code of Criminal Procedure 1898
criminal appealreduction of sentencepolice witnessesprivate witnessesevidentiary infirmitiesbenefit of section 382-B

WAJIHUDDIN AHMED, J.- We have heard the counsel. There are infirmities in the cases. Both the witnesses examined are police officials. Admittedly appellant was apprehended upon any information and yet no private person was cited at either as a witnesses. Even the vehicle driver was not so cited.

2. In such circumstances Mr. Sardar Mr. Sardar Abdul Sattar Chohan has conceded that the sentence imposed upon the appellant may be converted from 5 years to 3 years and the fine be reduced from Rs. 5,000/- to Rs. 500/-. The benefit of section 382-B Cr.P.C, would also apply in computing the sentence.

Appeal dismissed of in the foregoing terms.

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