IQBAL and others vs STATE
This matter concerns criminal appeals filed by appellants Iqbal, Mumtaz, and Ijaz against their convictions and sentences, including death sentences, handed down by the Additional Sessions Judge, Khanewal, for offences under the Pakistan Penal Code 1860. The judgment primarily addresses procedural safeguards required when verifying compromises in criminal cases involving legal heirs of a deceased victim. The Court emphasizes the necessity of rigorous verification protocols to prevent fraudulent compromises. It lays down specific guidelines for judicial officers, mandating that the Nazim or Naib Nazim verifying a compromise must be from the locality where the legal heirs reside to ensure accurate identification. Furthermore, the Court advocates for the adoption of modern technology, specifically the Bio-Metric System, to capture thumb impressions digitally, thereby eliminating the need for handwriting experts. Until such systems are fully implemented, the Court directs that all inquiries regarding compromises must be conducted in the immediate presence of the concerned Judge, prohibiting delegation to duty judges, and requires the attachment of high-quality, permanent colored photographs of all legal heirs to their statements.
- What procedural requirements must be followed by judicial officers when verifying a compromise involving legal heirs in a criminal case?
- Is it permissible for a duty Sessions Judge to conduct an inquiry regarding the verification of a compromise?
- What role should modern technology, such as the Bio-Metric System, play in the verification of thumb impressions during legal proceedings?
- Section 302, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
1. Hassan Raza Pasha, J.--The appellants Iqbal, Mumtaz and Ijaz have challenged the judgment dated 24.03.2006, passed by the learned Additional Sessions Judge, Khanewal, camp at Kabirwala, in case FIR No, 450, dated 16.10.2004, registered u/S. 302/324/337- A(ii)/34 PPC at P.S. Sadar Kabirwala, District Khanewal, through Criminal Appeals No, 155 and 178 of 2006. Iqbal and Mumtaz appellants have-been convicted u/S. 302(b) PPC and sentenced to death as Tazir, alongwith compensation to the tune of Rs, 1,00,000/- each to the legal.
(e) The Nazim or Naib Nazim must be of the same locality where legal heirs of deceased reside for the purpose of verification of compromise and particularly identification of the persons who appear in the Court.
(f) Bio Metric System is the most important and modern device because by using this system the thumb impression of a person can be received through scanner without use of any ink.
(g) Once thumb impression is received, it can be saved in computer. A CD can be prepared of all these proceedings and can be sent alongwith report to the Honourable High Court.
(h) Once thumb impression is received and saved in a secret file, in future, there will be no need to send the same to any handwriting expert because this job shall be done by the computer within minutes.
(i) Till the time all these proposals are considered a direction be issued to all the Sessions Judges/all Judicial Officers that inquiry should be made in immediate presence of concerned Judge. By no means matter shall be dealt by any duty Sessions Judge, unless specifically directed by the Honourable High Court. Latest colored photograph of every legal heir must be pasted with the gum of quality on the statement in a way that its replacement may not be possible in future.