Mst. RAZIA alias JIA and others vs THE STATE
This matter concerns petitions for leave to appeal filed by two convicts, Mst. Razia alias Jia and Manzoor Ahmad, who were sentenced to death for the murder of Bashir Ahmad, the husband of Mst. Razia. The prosecution case relied heavily on the ocular testimony of the couple's two children, Naveed (P.W.3) and Naheed Akhtar (P.W.4), whose maturity and reliability were affirmed by both the trial court and the High Court. Upon review, the Supreme Court determined that a reappraisal of the evidence was necessary to ensure the validity of the convictions and the sentences imposed. Furthermore, the Court identified a specific legal question regarding the appropriateness of imposing the death penalty on Mst. Razia, given the statutory provisions contained in Section 308 of the Pakistan Penal Code 1860. Consequently, the Court granted leave to appeal in all connected petitions, condoning the delay in filing. The decision underscores the Court's commitment to scrutinizing capital punishment cases, particularly where statutory limitations on sentencing may apply, ensuring that convictions are based on a sound and thorough evaluation of the evidence.
- Whether the ocular testimony of minor children can be considered reliable for a conviction in a murder case?
- Does Section 308 of the Pakistan Penal Code 1860 restrict the imposition of the death penalty on a female convict?
- Is a reappraisal of evidence required by the Supreme Court when death sentences are challenged?
- Section 308, Pakistan Penal Code 1860
ORDER
' We have heard M. Aftab Ahmad Bajwa, Advocate Supreme Court for Mst. Razia alias Jia convict and Ch. Muhammad Anwar Khan, Advocate Supreme Court for Manzoor Ahmad convict. Manzoor convict was alleged to be the paramour of Mst. Razia petitioner and the two were accused of having murdered the husband of Mst. Razia i,e, Bashir Ahmad deceased. The ocular testimony comprised the statements of two children of Mst. Razia petitioner and Bashir deceased i,e, Naveed (P.W.3) and Naheed Akhtar (P.W.4). There is a finding of the learned trial Judge affirmed by the Honourable High Court that both the children were mature persons and their testimony was thus, reliable.
2. Two persons have been sentenced to death in these cases and we consider it appropriate to reappraise the evidence to ensure that the conviction and punishments recorded against the said two petitioners had been validly recorded. Another question which would require examination would be the imposition of death penalty on Mst. Razia petitioner in view of the provisions of section 308 of the Pakistan Penal Code.
3. In this view of the matter, all these petitions i,e, Criminal Petition No,638-L, Jail petitions Nos.359 and 367 of 2003 are allowed and leave to appeal is granted in all these cases for the said purpose.
The delay in filing these petitions is condoned. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.