LAL KHAN alias SHER KHAN and another , vs THE STATE
This criminal appeal concerns the sentencing of two appellants convicted under sections 395, 324, and 353 of the Pakistan Penal Code 1860. Following a period of arguments, the appellants' counsel requested a reduction in the seven-year rigorous imprisonment sentence, citing the appellants' youth and repentance. The State, represented by its counsel, did not oppose the request, acknowledging the appellants' young age and the specific circumstances of the case. The Sindh High Court, exercising its appellate jurisdiction, accepted the concession made by the State. Consequently, the Court modified the sentences, reducing the term of imprisonment to four years' rigorous imprisonment for the offenses under sections 395 and 324, Pakistan Penal Code 1860, with the sentences ordered to run concurrently with the sentence imposed under section 353, Pakistan Penal Code 1860. Additionally, the Court reduced the fine from Rs. 10,000 to Rs. 5,000 for each count. The appeal was dismissed subject to these modifications in sentencing, establishing that appellate courts may exercise discretion to reduce sentences based on mitigating factors like youth and repentance when the prosecution does not object.
- Can an appellate court reduce a sentence of imprisonment based on the youth and repentance of the appellants?
- Is it permissible for an appellate court to reduce a sentence when the State does not oppose the request?
- Can sentences for multiple offenses under the Pakistan Penal Code 1860 be ordered to run concurrently by an appellate court?
- Section 395, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
ORDER
1. ' KHAWAJA NAVEED AHMAD, J.---After arguing this matter for some time the learned counsel for the appellants states that he will be satisfied if the sentence awarded to the appellants is reduced from seven years' R.I. To 4 years' R.I. Under sections 395 and 324, P.P.C. He also requests that the amount of fine be also reduced. The learned counsel for the State submits that he has no objection if the sentence is reduced as the appellants are young men and they repent the crime committed by them. Keeping in view the young age of the appellant as well as the attending circumstances of the case, the sentences of the appellants under sections 395 and 324, P.P.C. Is reduced to 4 years'
2. R.I. Each. Both the sentences will run concurrently along with the sentence under section 353, P.P.C.
3. Amount of fine is also reduced from Rs.10,000 to Rs.5,000 each, on each count. With this modification in the sentences this appeal along with the listed application is dismissed.