ALI KHAN vs SHAH ZAMAN AND 8 OTHERS
This petition, filed from the complainant's side, challenges the judgment of the Peshawar High Court which altered the convictions and sentences of the respondents originally awarded by the trial court for offenses including murder, rioting, and hurt. The core legal question concerns the propriety of altering convictions from murder to lesser offenses and whether the delay in filing the petition for enhancement of sentences and setting aside of acquittals should be condoned. The Supreme Court of Pakistan held that the petition is barred by 33 days and declined to condone the delay based on the unverified ground of wrong legal advice by counsel, lacking the requisite affidavit. The key principle laid down is that delay in filing petitions for enhancement of sentences or against acquittals will not be condoned lightly on the mere assertion of wrong advice by counsel without proper supporting affidavits.
- Whether delay in filing a petition for enhancement of sentence can be condoned on the ground of wrong legal advice by counsel without an affidavit from the counsel?
- Will the Supreme Court condone a 33-day delay in filing a petition against the alteration of convictions and sentences based on unverified assertions of legal misadvice?
- Section 302, Pakistan Penal Code 1860
- Section 325, Pakistan Penal Code 1860
- Section 323, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 326, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
1. ' MUHAMMAD AFZAL ZULLAH, J.-This petition moved from the COMplainant's side calls in question the judgment dated 6th February, 1979 of the Peshawar High Court, whereby the convictions and sentences of some of the respondents were altered.
2. ' The learned trial Court had convicted Ghulam Rasul respondent under section 302,P. P. C. He was awarded death sentence. He was also convicted under sections 325, 323, 452, P. P. C. Read with 149, P. P. C. And under section 148, P. P. C. With the award of various sentences. All other respondents were convicted under sections 326, 325, 323, 452, P. P. C. Read with 149, P. P. C. And were awarded different sentences, the highest being rigorous imprisonment for 10 years under section 326/149, P.
3. P. C. Sentences of fine were also imposed, with direction for payment of compensation under section 544-A, Cr. P. C.
4. ' A learned Division Bench of the High Court set aside the conviction of Ghulam Rasul under section 302, P. P. C. Altering the same to 326/149, P. P. C. And reducing the sentence in this behalf to 10 years' rigorous imprisonment and a fine of Rs, 1,000. Excepting Shah Zaman and Abdul Latif respondents, the convictions and sentences of all the respondents under sections 452 and 323, P. P. C. Read with section 149, P. P. C. Were set aside. All other convictions and sentences and directions under section 544-A, Cr. P. C. Were upheld. The petitioner has sought the conviction of all the respondents under section 302/149, P. P. C. And has prayed for enhancement of the sentences to death and imprisonment for life, against all the respondents.
5. This petition is barred by 33 days. The explanation for delay mentioned in the condonation application is that the petitioner's counsel in the High Court gave him wrong advice in this behalf.
6. The affidavit of the person giving such advice has not been filed with the petition. The petitioner has sought the setting aside of acquittal/s and enhancement of sentence(s). In the circumstances of the case we do not want to depart from the practice that in such like cases, on the ground as stated, the delay is not condoned by this Court. Abdul Qayyum v. Ghulam Yasin (1), Mst. Rabia Bibi v. Rasool Bakhsh and 2 others (2).
7. ' This petition accordingly is dismissed as time-barred.
(1) PLD 1963 SC 151 (2) PLD 1966 SC 531
Cited by 2 cases
- JUSTICE KHURSHID ANWAR BHINDER and others vs FEDERATION OF PAKISTAN and another 2010 PLD Supreme Court 483
- GHULAM RASOOL And 5 Others vs ALLAH BACHAYA And 17 Other 1985 SCMR 416